Legal Question in Wills and Trusts in California

Probate Code 6401and 6402

My mother passed away. Step father says she has debt on a credit card. I was going to buy her car from him. (No lien on car) Step father thinks it has to go to probate to pay credit cards. Car is worth less than credit card balance. Is this true?

Asked on 2/18/09, 8:11 pm

1 Answer from Attorneys

Martin Hilliard Martin G. Hilliard, PC

Re: Probate Code 6401and 6402

not necessarily.... he may file a years support petition and set car aside or quash credit card debt...get with a fgood probate lawyer and they should know exactly what to do...


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Answered on 2/18/09, 10:25 pm

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