Legal Question in Wills and Trusts in California

who decides if you have to go through probate? my wife died , we did not have a will we have an existing mortgage in our names and there is a motorhome that he bought 2 years ago loan in his name only. along with many credit cards in his name only. Received letter from Credit card Co. stating that an Estate Specialist would be in contact in the next 10 days.

Asked on 5/21/13, 2:34 am

3 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

The decision for probate depends on the value of the estate. .. It will be based on the property and value. Your best bet is to sit down with an attorney and see what is the most appropriate next step. Don't pay the credit card or make any promises until you have it figured out.

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Answered on 5/21/13, 4:34 am
Michele Cusack Pollak & Cusack

Probate is rarely needed when one spouse dies, but take all the paperwork to a qualified estate lawyer to make sure. Don't talk to anyone from the credit card company.

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Answered on 5/21/13, 8:46 am
Anthony Roach Law Office of Anthony A. Roach

Your post confused me. You first state that your wife died, meaning you are the husband. You then state that "he" bought a motor home in "his" name, which leads one to think that you are the wife.

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Answered on 5/23/13, 4:18 pm

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