Legal Question in Wills and Trusts in California
legal obligation to deceased credt card debt
Our mother passed away Mar. 2, 2000, she had no will, no real peoperty, no valuables. There is no probate pending, no court appointed administrator. However she was left money in a bank account from a friend who ddied 2 months before her. She was never able to get assess to the money, as she was hospitalized the last 6 months of her life. There are six adult children and we are letting a sister handle the affairs. My question is my sister are or we legally liable to pay the credit card debts with the money instead of spliting. How or can the credit card companies fine out that she was left money if it was never in her name. I am concerned about my sister handling the affairs I believe she is getting bad advise from friends and I do not want them to be able to come after her legally. The bank advised her she only needs an affidavit and they will release the money. Please help me advise my sister.
1 Answer from Attorneys
Re: legal obligation to deceased credt card debt
When you inherited that money you inherited the credit debt. They are both parts of your mother's estate. If the credit cards are not paid and the money split you would all be liable for the credit card debt as well as any finance charges and fees. I would strongly advise that you pay off the credit debt and than split the money. I believe that as long as the value of yous mother's estate is less than $60,000 than it is not required that you go through probate. However, I would consult a probate attorney before you do anything to confirm that this is true. That is my suggestion. If you don't speak with an attorney at least pay off the credit debt immediately, than split the money between you. It will cost you later when they come after all of you.
Good luck
John Hayes
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