Legal Question in Wills and Trusts in California

Interest fees, late charges to deceased person.

Mother passed away Mar. 2, 2000. There is no probate, no real property, no will, no court appointed executive. Sisters are handling affairs with Money in mothers bank account, we have no attorney. Money has not been released yet to sister to pay mothers debts with. Our question is are we legally liable to pay all the late fees and interest being charged after her date of death until the funds are released? What are we legally obligated to pay as the funds are limited and the credit card debts are quite large. Thank you. Please help funds being released next week.


Asked on 7/10/00, 4:30 pm

1 Answer from Attorneys
Christine Ruby Christine M. Ruby, Attorney at Law

Re: Interest fees, late charges to deceased person.

If there is no probate, the estate must be under $100,000. If not, you will need a probate.

As far as the late fees go, you should contact the credit card companies and let them know the circumstances. Tell them your mother died in March, and the funds have been in a blocked account since then. Ask them to reverse the charges. Also, many times credit card companies are willing to negotiate an amount lower than the current balance due in order to get paid. You may consider speaking with them about that as well.

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Answered on 9/09/00, 3:23 am


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