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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 35871
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My husband died two months ago. I have seen two attorneys

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My husband died two months ago. I have seen two attorneys regarding probate and have received two different opinions. He had a vehicle (debt free) and less than $100 in a SS debit account. He also had two credit card judgments and other unsecured debts. My name on none of the debt, his name on NO other assets (home,my car etc) According to our state probate guide one automobile is exempt from probate, so I was able to get his car titled to me without going through the probate process. Don't care about the small amount of cash but I am concerned about what options the creditors have. If I advise them of his death can they write it off and send me a 1099 when I file taxes for this year? What other recourse might I expect if I don't file probate? Seems like a waste of time when filing fees exceed value of the estate.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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In a situation like this, since you have already gotten the car titled to you, if it were me, I would not do anything further at all other than notify any creditors that he is deceased. I would send them a copy of the death certificate along with a short letter stating that his estate was insolvent so no probate case is being opened.
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The creditors will then just take the loss and write it off. But they aren't likely to send a 1099-C for cancellation of debt because that is them legally forgiving the debt. They will want to write it off as a loss instead.
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So you are correct in that there is no point in filing a probate case at all since there is nothing to probate but debts..
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Thanks
Barrister
Barrister and 3 other Estate Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you that is the answer I wanted !! Laughing I don't want any surprises at tax time. And thank you for the information regarding the difference between writing off vs forgiving a debt from the creditor viewpoint. Makes sense.

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