Legal Question in Wills and Trusts in California

Estate

My daughter passed away recently without a will. She had a few debts, and an old car that is worth little to nothing. Sale of the car will not cover her debts. What should be done with the car and debts?


Asked on 2/28/07, 4:51 pm

1 Answer from Attorneys

Ali Oromchian Dental Counsel

Re: Estate

Certain debts, e.g., credit card debt, is not passed on to heirs when someone dies (unless they are cosigner on the acct). When someone dies with debt, the company holding the debt will first try to collect from the deceased�s estate. If there is not enough money in the estate, heirs may have to sell assets from the estate in order to cover the liabilities.

So, even though the heirs are not directly responsible for the debt, they may have to sell assets they were expecting to keep in order to repay the deceased�s financial obligations.

If there still is not enough money in the estate to cover the remaining debt, the debtors will write off the debt after a copy of the death certificate is sent to them.

Read more
Answered on 3/01/07, 4:42 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California