Legal Question in Wills and Trusts in California
Dad used credit card to buy truck before he died
My dad used--name removed--credit card and traded in his and his partner's only transportation for--name removed--newer truck. He passed away suddenly and we transferred the truck into her name so she could have transportation. Does the credit card company have the legal right to take the truck in exchange for the balance due on his credit card? It was the only thing of value he owned. He left no will.
2 Answers from Attorneys
Re: Dad used credit card to buy truck before he died
No, the credit card company's contract with your father was that he would pay back the amount "borrowed" but that debt is not secured by any property. The credit card company would need to get a judgment and try to collect against his assets, which is just the truck. You do not provide enough information for me to know whether his partner had any ownership interest in the old truck and the new one. I would write the credit card company and tell them the situation and ask them not to send dunning notices because there is no money to go after.
Re: Dad used credit card to buy truck before he died
Maybe. Your transfer of the truck may well be a fraud on creditors if it was part of your dad's estate.
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