Legal Question in Wills and Trusts in California
Who is responsible?
My Uncle passed away from a heart attack last month. My grandmother ( his mother) lived with him. He owed some money to creditors and the IRS before he died. No more than a total of $5,000.00 altogether. The bill collectors and the IRS are telling my Grandmother that she is responsible to pay his debts since she is his next-of-kin. He did not have a WILL and he only has $2,200.00 in his bank account with no one as his benificiary. She does not even know how to get the money out of the account to pay the bills anyways. He also had 2 vehicles in his name worth a total of $2,000.00. What can she do? Is she really obligated to pay his debts, or are they just tricking her?
2 Answers from Attorneys
Re: Who is responsible?
Only his assets, whoever they go to, is responsible for his debts, and only to the extent of the value of the assets.
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Re: Who is responsible?
The estate being under $ 100K does not have to be probated. A declaration in compliance with Probate Code 13000 et seq. will release the funds, the DMV can assist in obtaining title to the vehicles. Call me directly at (619) 222-3504.
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