Legal Question in Credit and Debt Law in California
My Father died and left no will, but several debts
My father died in California. He left no will or instructions. As his oldest son (1 of 2), I am apparantly the ''executor'' of his estate. He had no real estate, pension, or savings to speak of, but had credit card debts totaling about $13,000 plus a lease on a newer car. He had also recieved a notice from the Social Security admin. stating he owes $7000 in overpayment from year 2000. My question is: where do my responsibilities end? Am I leagally responsible for any/all of his debt? Do I need to pay the IRS on his behalf?
2 Answers from Attorneys
Re: My Father died and left no will, but several debts
if his estate has no assets then you pay nothing.
Re: My Father died and left no will, but several debts
A dead man's debts die with him - except to the extent the creditors want to open an estate for the decedent, collect and administer assets, file claims against the probate estate, and then receive a pro-rata share of estate assets - after first paying the estate's attorney fees and court costs. From the information you provided, your father's estate had no assets. You are not obliged to open an estate. I suggest, as a matter of courtesy, that you send a copy of the death certificate to all the creditors, including the government creditors, with a note that the estate does not appear to have any assets and the family does not intend to open an estate. If you were not a co-signer on any of the debt, then you are not responsible for it.
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