Legal Question in Wills and Trusts in California

I was married for only two months. Husband passed away. He left me a 401k worth about $80,000. He also left 2 credit card debts totaling 40,000. Am I responsible for those debts? Should I file a simple Probate procedure such as a Spousal Petition DE 221 and DE 226 or should I file a formal Probate? The assets are non-probate assets, no real property.


Asked on 1/05/10, 3:09 pm

2 Answers from Attorneys
Steven Feldman Law Offices of Steven Feldman

Call your financial Planner and discuss a spousal IRA rollover. This will remain immune from Husband's debts.

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Answered on 1/11/10, 3:30 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

I am very sorry to hear of your loss. Please accept my condolences. You may transfer assets per declaration as the estate is below $ 150K. As to your husband's debts, they should be reviewed to determine if any survive his demise. Contact me directly.

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Answered on 1/12/10, 9:46 am


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