QUESTION

What can I do about my wife's outstanding debts?

Asked on Jun 02nd, 2012 on Estate Planning - California
More details to this question:
My wife recently passed away from cancerI assume as the husband I am responsible for her outstanding debts?ie: credit card(s), medical bills,
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5 ANSWERS

If the debts are in her name only they must be paid from her separate property. Any funds held by joint tenancy are not subject to your late wife's creditors. If she had separate funds these may be subject to her creditors. Depending on the bill and the contract entered into you may be liable for the payment from community property. Again, if the debts are only in her name you are not liable to pay from joint tenancy funds. Please read the contracts carefully. As to the medical bills it depends on your insurance and the contracts with the medical providers.
Answered on Jul 06th, 2012 at 4:10 PM

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General Practice Attorney serving Glendale, CA at Law Office of Michael Stafford
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Yes. With some exceptions you are responsible for your wife's debts.
Answered on Jul 03rd, 2012 at 3:09 PM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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Not knowing your circumstances, ie ability to pay the debts, you may need to consult a debt counselor, a bankruptcy attorney, or some other person who can assist you in negotiating the debts downward after any and all insurance has been applied to the debts that were covered by insurance. Don't delay in obtaining good legal counseling; you may have to implement some legal procedures to protect any remaining assets.
Answered on Jul 02nd, 2012 at 3:45 PM

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Business Transactions Attorney serving Los Angeles, CA at Doland & Fraade
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Sorry for your loss. If the debts were incurred during marriage they are community debts for which you are responsible.
Answered on Jul 02nd, 2012 at 3:28 PM

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In California the debts of one spouse are considered community debts which the other spouse is liable for. If your wife's final illness created large debts then you may need to consider bankruptcy. You should consult a probate attorney and a bankruptcy specialist to determine how you should proceed.
Answered on Jul 02nd, 2012 at 3:22 PM

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