Legal Question in Wills and Trusts in California
I have been diagnosised with stage-4 cancer and preparing a will. I have approximately $75,000 in a retirement account and @ 20 k in a savings. I have approximately 5,000 in credit card debit. If there is no probate, can I still spilt up my retirement and savings equally to (siblings and parents after taxes) without having to pay off the credit card debt?
2 Answers from Attorneys
There is an easier way to handle your affairs. Name your siblings and parents as beneficiaries on the accounts, to receive payment upon your death. There will be nothing left to pay off the credit card, unless the beneficaries want to pay off the balance, but they are not obligated to. And tell them to not let the creditor pressure them for payment, should they not want to pay off the balance or negotiate the balance down to some lesser sum.
Heirs cannot inherit property without making sure the estate's debt is paid. Otherwise the debt follows the gift.
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