Legal Question in Wills and Trusts in California
My father died about 12 years ago. I was never close to him and only visiting once in a while. There was no will and he didn't leave me anything. He died with a lot of debt. I recently got a call from a collection agency asking who was handling his estate. I guess they're trying to collect on some old debt. Can they come after me?
3 Answers from Attorneys
Sorry for your loss.
Since you did not receive anything from your father's estate, the collection agency cannot come after you. In addition, there is a one year from the date of death statute of limitations in the California Civil Code for when creditors can collect a debt from an individual. There are a few exceptions, but again, since you received no assets, there is nothing for them to collect.
No, just tell them that you did not receive anything from your father's estate. The statute of limitations has probably run by now even if you had. They should not be harassing you.
I agree with the above. I suggest sending them a letter pointing out that your father passed away 12 years ago, and there was nothing in his estate. If they keep harassing you, get an attorney familiar with what the previous attorneys have stated, and the Fair Debt Collection Practices Act.
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