Legal Question in Wills and Trusts in California

Death with no estate

My mother died a few days ago and left no will. She does not have any estate. She has no property, house, car or money in the bank. I had her power of attorney for the past 5 years. She had three very large debts what happens to them now and how do I keep them from making me responsible for them.


Asked on 12/25/05, 6:33 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Death with no estate

I'm so sorry to hear about your mother's passing. To the extent that your mother left any real property or bank accounts, those would be used to pay her debts. If there are no assets as you state, then no one would be liable for her debts. The power of attorney dies with the grantor. If you wish, you might write to the creditors, send a copy of the death certificate, and inform them of her death and that she died without any assets. Send it certified, return receipt and keep a copy, so you have a record of your correspondence in case someone might wish to state they were never notified. If she had an insurance policy made payable to her estate, that could be used to satisfy the debts. If the insurance policy made you are any other person the beneficiaries, then that becomes the beneficiary's money and can't be touched by your mother's creditors. Good luck to you.

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Answered on 12/26/05, 7:55 pm


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