Legal Question in Wills and Trusts in California
Dead roomate debt
My roomate owed me a significant amount of money and has recently died without a will. Do I have any legal right to his posessions in our apartment as a way of repaying the debt? Does it matter if he was uninsured and incurred significant medical bills? If it does, which debt takes precedent?
2 Answers from Attorneys
Re: Dead roomate debt
if his estate exceeds $100,000 you can file a creditors claim.
Re: Dead roomate debt
No. You have a right to pursue collection agaisnt his estate and his possessions belong to the estate. You have an obligation to inventory his things and give notice to the representative of the estate that they can pick them up otherwise you will store them and they will have to pay the cost of storage or forfeit the things.
No debt takes precedent. Both are unsecured.
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