Legal Question in Wills and Trusts in California

Intestate

My husband suddenly took ill and passed away last month. He did not have a living will or Trust set up. He did not own any property. He did have a Life Insurance policy for which I am the beneficiary. He had a savings account under his name and owned a vehicle. He has outstanding balance on some credit cards and medical bills that need to be paid. Am I liable for his credit card balances? Do I have to go through a probate court in order to pay his debtors or could this be resolved by setting up an Estate/Trust since he did not own any property? What is the best way to handle this ? Please advise.


Asked on 5/16/07, 10:17 pm

4 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: Intestate

when the bills come in write on them "deceased" and send back, preferrably unopened.

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Answered on 5/17/07, 8:58 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Intestate

Estate under $ 100K? Then you may acquire title to assets via declaration. Contact me directly.

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Answered on 5/17/07, 3:42 pm
Ismail Amin The Amin Law Group, Ltd.

Re: Intestate

Hello,

I'm sorry to hear about your loss. You are correct, your husband's estate will be distributed in probate court. As for your debts, I will need to know further information about them - where you an "additional card holder" or was the account in his name only? I suggest giving me a call to discuss this further. Thank you,

Ismail Amin

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Answered on 5/16/07, 10:39 pm
George Shers Law Offices of Georges H. Shers

Re: Intestate

It is too late to set up a trust. The life insurance policy is out side his estate and will go to you directly. Check to see whether the savings account has a provision as to what occurs upon his death; were the funds in that account his own separate funds or were they earned during your marriage, in which case they are community property funds. The vehicle might also be community property. When you speak with an attorney, be sure to first make a list of all of his assets, if they were earned or bought after you were married and with whose funds, the amount f his debts and were they for community purposes or his own, etc. The attorney might want you to e-mail the list to them first before any detailed discussion with you.

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Answered on 5/17/07, 12:21 am


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