Legal Question in Product Liability in California

how can I leave my property to my daughter without burdening her with debts

Asked on 10/16/15, 8:10 am

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

If you have substantial debt you cannot leave your property to your daughter without the debts being paid or carrying over. Normally in the probate process the court supervises the sale of enough assets to pay any debts that exist at death and then the remainder of the assets are distributed to the heirs. The one exception is real estate, which the heirs have the option of keeping and taking on the mortgage debt as well, or selling, paying the mortgage, and keeping what's left.

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Answered on 10/19/15, 8:10 am

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