Legal Question in Wills and Trusts in California

Insolvent CA estate with money owed.

My father passed away with no will, no life insurance, and no spouse. His only assets are a car and a few hundred dollars in an account. He did not leave enough money to cover attorney costs, so I am trying to handle his estate myself and avoid probate since his assets are less than $100,000. At the time of his death, he had a balance with a few companies (credit cards and phone). Can I simply tell them that the estate is insolvent? Can I use his money to pay for his funeral costs, or does it have to go to the creditors? If it goes to the creditors, who do I have to pay first (since there is not enough liquid assets to pay everyone)?


Asked on 10/19/09, 7:46 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Pay the funeral expenses first [a few hundred dollars will not be enough]. Send the same letter to all the creditors lsiting who they are and how much they are owed, tell them how lmuch was left in cash , the cost of the funeral, the value of the car, and invite those who want to pursue the matter to meet and decide among themselves who get what in return for a full and completere release of all debts.

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Answered on 10/19/09, 9:57 pm


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