When a family member dies and leaves debts, who must pay them? Family members, such as parents and children, are not responsible for the debt incurred by the deceased. The probate court will decide who is responsible.
One of the first steps to be taken is to contact all debt holders and advise them that the individual has died. They may require a death certificate to prove this happened. Determine if there is a co-owner or co-signer on any of these debts (i.e. a home).
Debts can be paid from the estate’s value, such as a bank account, investments, insurance policies, or jewelry and other valuables.
Your best option is to work with an Orange County Family Law attorney who is familiar with California’s probate laws. The attorney can determine what will happen if there is not enough value in the estate to pay back the debts owed. If you have any questions regarding the debts owed by a family member who has recently died, contact an experienced Orange County Family Law attorney for assistance.
