Legal Question in Wills and Trusts in California

I have been diagnosised with stage-4 cancer and preparing a will. I have approximately $75,000 in a retirement account and @ 20 k in a savings. I have approximately 5,000 in credit card debit. If there is no probate, can I still spilt up my retirement and savings equally to (siblings and parents after taxes) without having to pay off the credit card debt?


Asked on 11/08/12, 8:26 am

2 Answers from Attorneys

Victor Waid Law Office of Victor Waid

There is an easier way to handle your affairs. Name your siblings and parents as beneficiaries on the accounts, to receive payment upon your death. There will be nothing left to pay off the credit card, unless the beneficaries want to pay off the balance, but they are not obligated to. And tell them to not let the creditor pressure them for payment, should they not want to pay off the balance or negotiate the balance down to some lesser sum.

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Answered on 11/08/12, 2:29 pm
Anthony Roach Law Office of Anthony A. Roach

Heirs cannot inherit property without making sure the estate's debt is paid. Otherwise the debt follows the gift.

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Answered on 11/09/12, 11:02 am


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