Legal Question in Wills and Trusts in California
My husband passed away suddenly. There is not a will or trust. He does not have an estate. There was less than $5000 in our joint bank account at the time of his death. He has some debit that is only in his name. Cable bill, Car loan (I returned the car to the loan company). We also have outstanding IRS taxes. What steps do I need to take? Do I need to do a death notice? Is there a way to establish a $0 estate?
1 Answer from Attorneys
The $5000 in the joint bank account is now yours and only yours. That is the nature of jointly held property. When the joint tenant dies, it immediately becomes the property of the other joint tenant(s). With regard to the bills in his name, if no probate is filed, you may still be held responsible for his bills if they were incurred by the marital estate, for the benefit of the marital community.
With regard to the IRS, I would schedule a meeting with a local IRS office and ask them to make a determination that you do not have to pay at least half of the tax debt, but try for more. You should get a death certificate(s) within 10 days after his death. I would order 5 to 10 of them depending on the property out there. You will need to show the death certificate to the bank, to retirement accounts, to insurance companies, etc. If you need some help, please feel free to call me at 619-991-0548.
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