Responsibility of debts after death

[Eekamouse]

What is the name of your state? California

Say a man dies. He was married and owned a business and his wife was a partner of the business How exactly does it work after someone dies? They weren't living together but no formal separation paperwork was filed with the courts and his business had been closed for several months prior to his death but as far as I know, she was still on all the business paperwork. There's lots of bills, some in the company name, some in both their names and some that were just in his name and some that are in just her name and also some that are in the company name with her name listed also. Is she responsible for any of those bills after his death? Also, they were behind on filing their taxes for a couple of years at the time of his death. Now that he's dead, does that mean no more taxes are owed?What is the name of your state?

 

[TigerD]

She gets to pay it all.

 

[Eekamouse]

Really? Even the ones that were in his name only that she didn't have signing priveledges on?

Another question: If she declares bancruptcy, will the business and personal taxes be included in the bancruptcy too? There are I think 3 years of business and personal taxes that have not been filed before he died. Can she push the taxes off onto him since he's dead or will she be expected to file them still?

Thanks for any replies.

 

[seniorjudge]

If she wants the assets that he owned, then she will have to pay the bills that he owed.


Q: Another question: If she declares bancruptcy, will the business and personal taxes be included in the bancruptcy too? There are I think 3 years of business and personal taxes that have not been filed before he died. Can she push the taxes off onto him since he's dead or will she be expected to file them still?

A: I am NOT a bankruptcy attorney. But I suspect she would have to file as a business and also as an individual. Taxes (generally) are not dischargeable in bankruptcy.

 

[Eekamouse]

Hurray! Good! You've really made my day. She ran up so many bills she thought she'd never have to pay once my father died and I guess she's going to find out she's still liable for them.