Legal Question in Wills and Trusts in California

Re: Paying off my fathers credit cards after death

If you are the executor of his estate there is a probate open and there was a will. The responsibility of the executor is to marshal your dad's assets (collect and account for all of his assets), pay all of his just debts, and then distribute what is left according to his will. If you are executor of the estate you should have a lawyer for the estate.

I assume from your question that you found a will, your father's will, that named you executor and beneficiary, and that you are of the belief that you can simply take his assets. Doesn't work that way.

Re: Paying off my fathers credit cards after death

Believe it or not, I was once in your shoes (deceased mother, rather significant estate, I was Administrator). At that time I had not yet finished law school. We were referred to a prominent wills/trusts attorney, who had some very practical, very useful advice.

We were able to save much of what my mother had accumulated. Some of it depended on what were probably unique circumstances (e.g., the home in which my mother was living was actually in my grandmother's name, with my mother having power of attorney).

I may have some very, very useful advice for you -- coming from both my personal experience and my subsequently-acquired legal knowledge. But it all depends on your personal circumstances. How big is the family? How close is the family? Who are the heirs? I'd need to know these answers and more... feel free to contact me, e-mail or telephone at your convenience. (But again, depending on circumstance, time may be of the essence... I would not wait too long to get together either with me or with a qualified attorney, experienced in this area of the law.)