Legal Question in Wills and Trusts in California

Obligation to pay Credit Card debt

My wife died on Jan 9, 2009. We want to transfer ownership of the Saturn to one of the kids. Unfortuneately the title was lost. There is no lien on the vehicle. The DMV form Transfer Without Probate, says that I have to certify that there are no creditors to my wife's estate.

My wife left a credit card balance. Does Ca law require that her car be sold to satisfy her credit card debt, or can the vehicle be transferred to one of the children?


Asked on 2/22/09, 5:20 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Obligation to pay Credit Card debt

I am sorry for your loss of your wife. Usually credit card creditors don't go after vehicles, although it's theoretically possible. I also doubt that they would sue you. More likely they will have collection agencies call you incessantly and try to scare you into paying.

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Answered on 2/22/09, 5:24 pm


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