My father died with a lot of credit card debt in his name. My mom is still alive. Does she have to pay off his credit card debt?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My father died with a lot of credit card debt in his name. My mom is still alive. Does she have to pay off his credit card debt?
Asked on March 22, 2009 under Estate Planning, California
Answers:
S.B.A., Member, California and Texas Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
It depends. Generally, the debts are community debts and she is responsible for those debts.
But, if she is only receiving Social Security, she may not have the means to pay the debts, and may be 'judgment-proof'.
If she is working, they can get a judgment and garnish her salary. If she is not working, they can, after judgment, put a lien on her house, and ask the court to allow a debtor's exam to locate other assets which they can execute on (bank accounts). Check that her house (if she has one) has been 'homesteaded'.
If Mom's debts are more than her assets, she should consult a bankruptcy attorney to review her options.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.