Legal Question in Wills and Trusts in California
Must and estate have an executor.
My brother in-law past away last month after a heart attack. He does not seem to have a will. We can not find one. He has no biological children. He has one adopted daughter from his first marriage and two step sons from his second marriage. Both ended at least twenty years ago. His third marriage ended over eight years ago. No children were involved. His parents are both dead and his only surviving sibling is my wife. The next closest relatives would be cousins.
He has more debits than assets. A trailer home worth about or less than the mortgage. He had a $10,000.00 life insurance policy, as an employee benefit. His life insurance names his two step-sons as beneficiaries.
Now to my question. We have spent money on services and cremation and have yet to lay him to rest. It seems we may just be out that money plus what ever else we spend before the end of this process. Does my wife have any further legal responsibilities to close his affairs or could we just walk away from probate, his mortgage and consumer debt.
1 Answer from Attorneys
Re: Must and estate have an executor.
As a practical matter, if there are no other assets, just let the mortgage holder of the trailer reposess the property and walk away. On the other hand if the value of the trailer is inexcess of the mortgage, a sale may provide you with a way of reimbursement as long as the legal costs don't eat it up.
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