Legal Question in Wills and Trusts in California

My mother has been on social security in CA and died without a will. She verbally told my sister she wishes that I keep her apartment and belongings; my mother and I are the only people on the lease.

My mother died with approx $10k in debt and owns no real property. Her only income was Social Security.

Questions

1) Can I be forced to sell my mothers personal property to pay her creditors?

2) Will her estate go to probate, even though she died without a bank account and real property?

I closed my mother's bank account at her request as POA because the bank was taking her checks for overdraft fees. Mom then signed her checks to me to cash because social security does not recognize POA. My mother then directed me to pay certain bills and gifted the rest to me and my sister, prior to her death. Will my sister and I be forced to return the gifts and pay her debt?

1 Answer from Attorneys

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