Legal Question in Wills and Trusts in California
My wife died without a will, owned a condo-no mortgage (in California) and had some
credit card debt. The property has not been probated (waiting for the value to
increase to pre-recession levels) and a creditor is treatening to have the estate
sold to satisfy the debt of less than $9000.00. What should I (the widowed-residing
spouse) do?
2 Answers from Attorneys
I am sorry to hear of your wife's passing, I hope you are holding up well. In referene to your question...as the surviving spouse, you do not need to go through Probate (whoever told you that you do is trying to make unnecessary fees from you), the property can be transferred to your ownership right now. You will need to deal with the creditor in the settling of her estate, but often these people will accept pennies on the dollar from people in your exact situation.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
IMPORTANT:
No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.
Did the creditor put a lien on the condo? For assistance in transfering the property into your name contact me directly.
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