San Jose, CA asked in Collections, Probate and Social Security for California

Q: The court ordered to Resp, w/ no income, to pay Petitioner’s attorney’s fees, subject to future employment and income.

The Respondent receives SS disability. Please explain. If Respondent dies, his new wife and new children will have to pay what he owed? Is there any law, that allows Court to sanction, condition of future income?

1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
Answered
  • Probate Lawyer
  • Redlands, CA
  • Licensed in California

A: Yes, the court can sanction you conditioned on your future income. It is inherent in the court's power to sanction parties.

If you die, your wife and children are not responsible for your debts, your estate is responsible for those debts. In a probate of your estate, the creditors of your estate would have to file a creditor claim against your estate's assets.

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