Legal Question in Credit and Debt Law in California

retrival of bills

my husband recently passed away. his bitter ex-wife will Not give me access to his bills,which is over 40,000 debt. any suggestions on getting them would be greatly appreciated. lori


Asked on 1/30/03, 3:11 pm

1 Answer from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: retrival of bills

Lori:

this is just the kind of thing that probate is for. Did your husband leave a will? If so, he will have appointed someone to act as his executor or exectrix, that person can demand and receive all of his bills, or, if not voluntarily, he can petition the probate court for an order commanding the ex to turn over the bills. You should notice that bills are not payable by the executor, but they must be put into the form of a claim on the estate. If he died without a will, then you can petition the court to be appointed administrator of the estate. Then, you can do the same thing. You needn't be upset by this wrinkle. It is easily solved, and you have enough to concern yourself with.

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Answered on 2/03/03, 1:12 pm


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