[mammymavis]

My question involves collection proceedings in the State of: CA

I have both Stafford and Private loans. My mother cosigned on my private loans and she passed away. I have a full time job (and then some)and attempting to pay but I finally swallowed my pride and decided to declare bankruptcy; making good on these loans is becoming increasingly more difficult.

My father is on disability. Is he obligated to make good on these loans now that she has passed in the event I default? They have sent written correspondence, but they are not aware of her death.

Any help would be greatly appreciated.

[Mr. Knowitall]

Assuming the possibility of liability under California Probate Code Sections 13550-13554, I would argue that under California Code of Civil Procedure, Sec. 366.2, that they have a year from your mother's death to try to make any claim directly against your father. In terms of making a claim directly against your mother's estate, I am not sure if or when your mother's estate was probated.