Legal Question in Wills and Trusts in California

My recently deceased mother had not finished paying off her car, so we decided to return the car to the bank. The car was sold and soon after we received a letter addressed to her estate saying we owed the difference not earned in the sale. She had no estate or will, and was divorced. There's less than $100 in her account. From my research it sounds like I am not liable. Is this correct? What are the next steps? This is especially frustrating considering this was never mentioned during any of the phone conversations I had with the bank as we tried to decide whether to keep or give it back. Any help would be appreciated. Thanks!


Asked on 5/20/10, 8:30 pm

3 Answers from Attorneys

Michele Cusack Pollak & Cusack

If the estate is insolvent, they cannot collect from you and your siblings (unless you somehow signed something accepting responsibility in the process of giving the care back?) If I were you I'd write back saying there is no formal administration and the estate is insolvent. (but, we do not have an attorney-client relationship and I'm not giving you *legal advice*)

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Answered on 5/25/10, 11:47 am
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

The obligation is that of your mother's estate. If the estate is insolvent you are not obligated to pay it unless you took assets out of the estate, in which case you would be liable to the extent of the assets you took.

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Answered on 5/25/10, 12:08 pm
Anthony Roach Law Office of Anthony A. Roach

I would certainly let them know your mother is deceased. They have a short statute of limitations to bring an action against a probate estate, and it sounds like it is a nonexistent probate estate.

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Answered on 5/25/10, 4:51 pm


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