Legal Question in Wills and Trusts in California
Credit Card Debt
My father recently passed away and he did not have a will or any documentation of his assets and debts. My family and I are struggling to find out what we need to do to settle his affairs. My brother heard that my mom, who was still married to my dad and lived together, is not responsible for paying for his credit card debts. Is this true? Who do we need to notify? Is there a checklist that has everything we'd need? And how do we find a reputable and knowledgeable lawyer and accountant to assist us with everything? What is the process of changing the name on the deed and the cars? We cannot even find the pink slip for the car. And there's a car that is not paid off yet, how do we deal with that? If we change it to my name, is there a way to lower the interest rate?
2 Answers from Attorneys
Re: Credit Card Debt
You have to have someone file for letters of administration in probate court and then use the powers of an administrator to find and marshall the assets and to settle or resolve claims made agaisnt the estate.
Re: Credit Card Debt
Your mom is probably entitled to your dad's entire estate unless your dad had some separate property. You are probably entitled to nothing until your mom dies. If there are any assets your mom cannot put into her name, then she may need a court order. Once this is done, your mom can do a trust and name her children as beneficiaries upon her death.
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