Legal Question in Wills and Trusts in California
Can mother sell the car
son 63 dies with no will; owns a house but with debt owed, nothing will come to mother who is 88. Has Lexus she gave him money to buy but is in deceased son's name. Car she sell it or does she have to go through probate although house is only asset of deceased & bank will take?
1 Answer from Attorneys
Re: Can mother sell the car
House needs to go through probate, even if bank is going to take it, it is not what is owed or paid, but rather the asset's value that determines if a Probate is required. Car may possibly avoid by providing DMV with death certificate and Birth Certificate (to prove this is his mother) but will probably also need to go through Probate.
If you need further assistance or would like to discuss this matter in a private forum, please feel free to contact me at the email provided by LawGuru or through our firm's websites PasadenaEstatePlanning.com and No-Probate.com
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