Legal Question in Wills and Trusts in California

my daughter died without a will. What are my responsibilities.She left less than $100,000, and will I be reimbursed for my expenses. She had no insurance.She lived in California, and I live in Georgia


Asked on 2/16/12, 12:52 pm

1 Answer from Attorneys

Michele Cusack Pollak & Cusack

I'm sorry for your loss.

If you are your daughter's only heir (no husband, kids or other parent) you can collect her assets without probate (small estate affidavits.) However, if her liabilities (debts) are greater than the assets, it might not be worth collecting them, since they will be subject to claims by creditors. If any of her assets had pod/beneficiaries listed (such as an IRA) they can be claimed by the named beneficiary without that person being liable for any debts. If you are not her heir, you are not responsible for debts or administration of the estate (unless you filed a petition for probate asking to be appointed administrator of the estate) and could not claim any reimbursement for "expenses."

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Answered on 2/16/12, 1:00 pm


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