Legal Question in Wills and Trusts in California

Re: estate liability

I am not sure what your question is. Estates worth lewss than $100,000 do not have to be probated. If the car was in both of your names or purchaed with community funds, then it would pass to you. Any credit card debts incurred before marriage are clearly not your responsibiity; for the one card used after you were married, you might be liable for community expenitures, such as food purchased for both of you, but if you contact the card company and tell them that your husband died leaving behind only a car worth $X, they probably will write off the debt as uncollectible.

Call the other card companies, tell them the situation, and ask them to send a letter confirming that they will not try to collect from you. They probably will not do so, so then send them a letter repeating their promise not to try to collect and which one of their telephone people made the promise; state in the letter that if they disagree they should immediately notify you or otherwise you will rely upon their promise in setting up your budget.

Re: estate liability

The one he got when you got married may be enforcable against you, depending on how he applied for the card, the others should not be.

I concur with co-counsel that you call the credit card companies and explain that he passed away. They may require a Certified Death Certificate, but they should also be empathetic and easy to work with.

The car can be transferred relatively easily through the DMV since it is in both of your names.

If you would like assistance, please feel free to contact me at the email provided by LawGuru, or through our firm's site at No-Probate.com.

Scott