Since Washington is a community property state - yes, your mother's liable for the debt regardless if your father signed for the loan himself.
Sorry.
When you stated the bank told you the debt was discharged - who told you such.
I would not even think about paying one cent on the matter without obtaining a copy of the signed contract and copies of all monthly and yearly statements. They could be beyond the statute of limitations for collecting on the alleged debt.
The applicable statute of limitations for California are:
Contracts: Written, 4 years; Oral, 2 years.
How long ago did your father die? Do you have copies of anything (ie. the contract, monthly statements, etc.)?
This matter is in Washingto State-You referred the statue for California not Washighton State. And do you think the bank will proceed with legal filings?
I'm sorry - got confused with another question. Here is the statute of limitations for Washington (not quite as good as California):
Contracts: Written, 6 years; Oral, 3 years.
They very well might - that's certainly alot of money and they doubtfully will just let it go away. However, you/she are entitled to get a copy of the contract and obtain monthly and yearly statements about the monies.
That information will let you know if the statute of limitations has passed. Additionally, that information will let you know exactly what, if anything, he still owed on the debt.
After you have that information - then you can try and settle for 50 cents on the dollar.
Attorney
19 years legal practitioner: real estate, collections, estate, civil, business, and criminal law