Legal Question in Family Law in California
Payment of deceased mothers debts
What is the law or procedure in handeling the debts of my deceased mother as I am the beneficiuary.
What is the procedure for execution of a living trust as I am having problems with the company that drew up the living trust.
1 Answer from Attorneys
Re: Payment of deceased mothers debts
If it was a "company" that drew up the trust, they unfortunately probably do not have much, if any, experience in trust administration work after someone has passed away. You should consult with a trust/probate attorney about what needs to be done, including the procedure for debts and disputed debts. Also, depending on the type of debts and type of assets, the answers will be different. For example, life insurance proceeds are often safe from the decedent's creditors.
The consultation should be free, and you should have an idea of the steps involved and the cost--trust administration is normally billed at an hourly rate--this is usually more advantageous to you than a rate based on the percentage of assets in the trust.
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