Legal Question in Wills and Trusts in California

when my brother passed away he did not leave a will but did leave alot of debt , how can I protect myself from being responsible for his debt


Asked on 6/06/11, 3:54 pm

3 Answers from Attorneys
Eliz. C. A. Johnson Eliz. C. A. Johnson

You would not ever be liable for his debt. His estate to the extent of his assets would be but not you personally because you are related to him.

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Answered on 6/06/11, 4:12 pm
Kurt Seidler Law Offices of Kurt A. Seidler APC

sometimes (rarely) the creditors themselves will file to probate a debtor's estate for this very reason, to pay off the debt owed to them out of the assets of the deceased only. Nowadays many estates are in fact insolvent.

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Answered on 6/07/11, 9:24 am

The only way you could become liable for any of the debt is if you took assets of his estate before creditors were paid out of the estate.

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Answered on 6/07/11, 10:07 am


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