Legal Question in Wills and Trusts in California

No Will and No Trust

My mother passed away 2/14/01 in Los Angeles County. There is no will or trust that can be found. Her only asset is a 99' Honda which is paid in full. She has numerous credit card debts. Question: Are her siblings in anyway responsible for her debts? I was told to fill our form 13-100, what does this do for me. She was on Medicare as her only income. Where do I obtain the 13-100 and how do I file this? Not sure where to start any help would be very much appreciated. Thank you


Asked on 3/13/01, 4:06 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: No Will and No Trust

The Probate Code 13100 affidavit transfers the car to your mother's heirs-at-law (spouse first, then children). The recipients are responsible for the decedent's debts, but only up to the value of decedent's property they receive. Thus, you may wish to try negotiating the debts with the credit card companies.

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Answered on 5/23/01, 3:03 pm


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