Sunday, November 7, 2010

California Trust Update: joint tenancy property liable for decedent husband's continuing support payments

This week the Court in Kircher v. Kircher (California Court of Appeal, First District, A125733, November 5, 2010), held that property held in joint tenancy by a husband and wife may be considered when determining the surviving wife’s liability for the husband’s debts after his death pursuant to Cal. Probate Code sections 13550 and 13551.  In this case the husband’s wife became obligated to continue making support payments to the husband’s former wife after the husband died.