Legal Question in Wills and Trusts in California

Exemption of Inherited Property

My sister recently passed and left minimal assets. She had a 550k house worth 375k that is in foreclosure, 9k in saving, which paid off her car loan, and 80k in a 401(k) which she willed to me. She owes 8k in credit card deb. The bank is suing me for the debt. Am I liable?


Asked on 5/29/09, 8:37 pm

1 Answer from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: Exemption of Inherited Property

Her estate is actually liable for the debt, not you personally. Are you handling the estate yourself personally or do you have proper representation? Did you start a Probate? Unfortunately, even though it is in foreclosure, the value of the home is over the $100,000 requirement for Probate; you do not look to the amount still owed on assets to reduce their value either.

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Answered on 6/01/09, 7:26 pm


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