Legal Question in Wills and Trusts in California

Re: Am I responsible

In general, all of the marital or community property, including the surviving spouse's half, is liable for a debt incurred by either spouse during the marriage, regardless who managed the property and regardless whose name is on the debt. Keep in mind that in the absence of an agreement to the contrary, earnings during marriage are community property. Also, even if there was no community property, but the surviving spouse has only his or her separate proeprty, he or she is responsible for the debt if it was for "necessaries of life" (such as food, clothing, shelter or essential medical expenses). It doesn't matter whether there is life insurance or not. See California Probate Code Section 11444 and California Family Code Sections 910, 914(a) and 4302.