QUESTION
My dad recently passed away, is my mother responsible for any of his debts if her name is not listed on the bill?
Asked on Oct 15th, 2012 on Estate Planning - California
More details to this question:
My dad has a credit card bill in his name and a loan through a credit card in his name. I was wondering if mom is responsible for these or any other debts in his name?
14 ANSWERS
As California is a community property state any debts incurred by him during the marriage would be community for which his spouse would be liable. You should consult a probate attorney to review all of the facts and advise you as to the liability of the surviving spouse for the debts.
Answered on Oct 18th, 2012 at 2:36 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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It depends. Are there any assets in the are only in the name of your father? Are there any assets payable to the estate such as a life insurance policy. Assets in a trust can be subject to creditors claims.
Answered on Oct 18th, 2012 at 7:00 AM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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If a spouse is not a joint obligatory on the credit card then there is no liability to the surviving spouse. However, if there is a probate administration then creditor are required to be notified and can be paid.
Answered on Oct 17th, 2012 at 9:22 PM
No, if the debt is only in your father's name.
Answered on Oct 17th, 2012 at 9:22 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If they were community debts, then she is responsible.
Answered on Oct 17th, 2012 at 9:17 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Difficult question: a spouse may be responsible for "expenses of the family." If the credit cards were used for family expenses, then yes. Also, anyone who inherits property is responsible for debt to the extent of the value they inherit (so if Mom now owns all of the house, because she inherited his half).
Answered on Oct 17th, 2012 at 8:26 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, it is possible she is not liable for your dad's individual debts (but his estate would be). Seek counsel. Have her sign NOTHING.
Answered on Oct 17th, 2012 at 8:24 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I am very sorry for your loss! If your mother was not on the credit card account and did not agree to pay on it, then she would not be personally responsible for the debt. If there are secured creditors, such as a mortgage company or car financing company, then the debts would need to be paid or the asset could be foreclosed on or repossessed. If your mother is being harassed by bill collectors, she can contact an attorney to represent her. Once the creditor is made aware that there is an attorney involved, they cannot contact your mother or they are liable for significant damages under the Fair Debt Collection Practices Act. It is often worth hiring an attorney for a nominal fee, for this reason alone.
Answered on Oct 17th, 2012 at 8:22 PM
Thomas Edward Gates
It depends on whether you live in a community property state. Did he pass away without a will?
Answered on Oct 17th, 2012 at 3:14 PM
In California, most debts acquired during marriage are community debts and both spouses are responsible for those debts, even after the death of one spouse. There are narrow exceptions, but you must establish that the debt was separate debt and not a debt of the community.
Answered on Oct 17th, 2012 at 3:09 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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No your mother is not responsible for your deceased father's debts, and tell her not to let anyone talk her into that.
Answered on Oct 17th, 2012 at 3:08 PM
His estate is responsible for payment of his debts - before they can be paid or delivered to your mother. Much of his estate may have passed automatically to her upon his death as jointly owned. So, there may not be anything in his estate with which to pay. Otherwise, she is not responsible for his debts.
Answered on Oct 17th, 2012 at 3:05 PM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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Your mother is not personally responsible for your father's debts (unless she somehow agreed to be responsible, such as by co-signing a loan). Your father's estate (to the extent there is one) would be responsible for his debt.
Answered on Oct 17th, 2012 at 3:05 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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These are probably community debts if incurred during marriage.
Answered on Oct 17th, 2012 at 3:04 PM