Legal Question in Wills and Trusts in California
My dad died intestate and there are no assets; except a house which is in foreclosure. There are unsecured credit cards which total ~ 20 K . There are two "unauthorized"credit cards in my name ( I am a Jr) that I want to clear up, but the banks will not give me any info unless I am designated as the legal representative of the estate. Can I request a " Bond waiver"?
1 Answer from Attorneys
The bond waiver will only be requested after a Probate has started, and then, yes, you can request one.
Unfortunately, even though the house is in foreclosure, it is still considered part of the estate, regardless of the amount still owd on it.
As far as the credit cards, you can get the authority once Letters Testimentary are issued when the Probate has begun. Banks are typical sticklers for rules, even when they misinterpret them. For this reason alone, you may want to retain counsel to assist you.
More info still needed, such as: (1) are you a natural child, (2) are you an only child? (3) did your father have a will or trust?
Pleae feel free to contact me directly to dicsuss this further at my website PasadenEstatePlanning.com.
Scott
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