Legal Question in Wills and Trusts in California
When there are no living close relatives, the estate consists of just a few furnishings and an old car and a bank account of just $5,000 or under and all of this is willed to a friend. Will the friend become responsible for any outstanding unsecured debt?
Asked on 8/27/09, 4:48 pm
1 Answer from Attorneys
Chris Johnson
Christopher B. Johnson, Attorney at Law
No, but the friend would be responsible for the debt up to the amount of assets the friend received from the estate (if the creditors open probate and get their claims filed in the probate before one year from the date of death, which is unlikely).
Estates under $100,000 can be transferred to beneficiaries using a small estate affidavit, found in Probate Code sections 13100 and following.
Answered on 8/28/09, 7:10 pm
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