my Parents had been separated ( not legally) when they died for 45 years. They were legally married and the property is in both of their names. . My dad had a g/f that forged his name on credit card apps. There’s a Lien on the hse for these debts., for about 20,000.00 ( the g/f passed away about 6 months after my dad.) It’s been 6 yrs since my dad passed, 4 since my mom passed. The property is in their name. Are my sister and I responsible for the lien on the hse when we transfer the property in our name or sale it? . I recently found out my mom has a checking acct that was still open I took her death certificate in and my ID and had the acct freezed. The bank said I hv to go through the county clerk court to get any information on it. My moms name is the only name on her checking acct. There’s no will or POA. I want to sell my part in the hse. Are we responsible for the lien? The hse payments are being made and up to date. We are in Ca.
You are responsible for the lien up to the amount of the property you receive. You should hire an attorney to do a spousal property petition to get the house in just your mother's name. Then you can probate your mother's estate and get the house and the checking account. You can sell the house, pay off the debt, and split the remainder.
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