Question
san diego cailifornia
my ex-boyfriend recently died. he named our daughter his
benificary to his life insurance. my question is she
liable for his outstanding debts? we have not had contact
with the deceased for over 15 years.
the other question i have is dealing with the woman the
deceased was living with, since they were'nt married,
is she entiled to anything? they were living together
for the past 9 years.
Answer
No, one's heirs are not liable for his debts UNLESS she signed for them. BUT the debts come off the top of the estate. For example if he had $100,000 and owed $75,000 in debts, the net estate is $25,000 before expenses of administration.
The live-in girl friend does not inherit at law. But if experience is true, she'll claim the things in the house or apartment were HERS. She may also claim they were married at common law if they ever lived together in a state that recognizes common law marriages, and held themselves out as being married, that's considered a marriage under that state's laws, and if married there they remained married when they returned to CA.