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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 39455
Experience:  Texas lawyer for 30 years in Estate law
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Father has passed away last January 2015, with me named the

Customer Question

Father has passed away last January 2015, with me named the executor. Two vehicles need to be sold and I will use proceeds to pay off his debt. How do I find out who and how much he owes? (I do have an attorney but some answers just don't seem accurate.) Maybe I'm just not asking the correct questions. Do I need to investigate who he might owe money to? I forgot what bank contacted me a month after he passed and I told them I don't know how much he has and everything. They never called back. I just don't want to disperse the money and have someone coming later about a debt.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

You would start here by getting duplicate titles if you lack the originals.The line holder here is usually listed on the title.Once you have your letters testamentary appointing you executor you can show the lender these or provide a copy and they will give you loan balance and pay off amounts.

Here you are required to publish notice to creditors under California law.

Expert:  RayAnswers replied 1 year ago.

Run in newspaper locally where he deceased by lawyer..

http://www.courts.ca.gov/documents/de157.pdf

Expert:  RayAnswers replied 1 year ago.

The way this works all lenders subscribe to credit bureaus they pick up any probate filings that match their debtors and will file a claim.Anyone else out there has to see notice if they want to submit a claim and be paid here.

Expert:  RayAnswers replied 1 year ago.

Law here

PROBATE CODE
SECTION 9050-9054

9050. (a) Subject to Section 9054, the personal representativeshall give notice of administration of the estate to the known orreasonably ascertainable creditors of the decedent. The notice shallbe given as provided in Section 1215. For the purpose of thissubdivision, a personal representative has knowledge of a creditor ofthe decedent if the personal representative is aware that thecreditor has demanded payment from the decedent or the estate. (b) The giving of notice under this chapter is in addition to thepublication of the notice under Section 8120.9051. The notice shall be given within the later of: (a) Four months after the date letters are first issued. (b) Thirty days after the personal representative first hasknowledge of the creditor.9052. The notice shall be in substantially the following form: NOTICE OF ADMINISTRATION OF ESTATE OF _______, DECEDENT Notice to creditors: Administration of the estate of _________ (deceased) has been commenced by _________ (personal representative) in Estate No. _________ in the Superior Court of California, County of _________. You must file your claim with the court and mail or deliver a copy to the personal representative within the last to occur of four months after _________ (the date letters were first issued to a general personal representative, as defined in subdivision (b) of Section 58 of the California Probate Code), or 60 days after the date this notice was mailed to you or, in the case of personal delivery, 60 days after the date this notice was delivered to you,, or you must petition to file a late claim as provided in Section 9103 of the California Probate Code. Failure to file a claim with the court and serve a copy of the claim on the personal representative will, in most instances, invalidate your claim. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested. _____________________ ____________________________ (Date of mailing (Name and address of this notice) personal representative or attorney)9053. (a) If the personal representative believes that notice to aparticular creditor is or may be required by this chapter and givesnotice based on that belief, the personal representative is notliable to any person for giving the notice, whether or not requiredby this chapter. (b) If the personal representative fails to give notice requiredby this chapter, the personal representative is not liable to anyperson for the failure, unless a creditor establishes all of thefollowing: (1) The failure was in bad faith. (2) The creditor had no actual knowledge of the administration ofthe estate before expiration of the time for filing a claim, andpayment would have been made on the creditor's claim in the course ofadministration if the claim had been properly filed. (3) Within 16 months after letters were first issued to a generalpersonal representative, the creditor did both of the following: (A) Filed a petition requesting that the court in which the estatewas administered make an order determining the liability of thepersonal representative under this subdivision. (B) At least 30 days before the hearing on the petition, causednotice of the hearing and a copy of the petition to be served on thepersonal representative in the manner provided in Chapter 4(commencing with Section 413.10) of Title 5 of Part 2 of the Code ofCivil Procedure. (c) Nothing in this section affects the liability of the estate,if any, for the claim of a creditor, and the personal representativeis not liable for the claim to the extent it is paid out of theestate or could be paid out of the estate pursuant to Section 9103. (d) A personal representative has a duty to make reasonablydiligent efforts to identify reasonably ascertainable creditors ofthe decedent.9054. Notwithstanding Section 9050, the personal representativeneed not give notice to a creditor even though the personalrepresentative has knowledge of the creditor if any of the followingconditions is satisfied: (a) The creditor has filed a claim as provided in this part. (b) The creditor has demanded payment and the personalrepresentative elects to treat the demand as a claim under Section9154.

Expert:  RayAnswers replied 1 year ago.

Good step by step of administration and your duties..

http://www.alameda.courts.ca.gov/pages.aspx/administering-the-estate

Expect the process to take about a year start to finish here.

I appreciate the chance to help you today.Good luck with all.

Customer: replied 1 year ago.
This notice was filed in the newspaper, and the cars have been legally transferred into my name. I will be selling them shortly and paying off the debt to attorney and then for funeral expenses. But for any other debt that I'm not aware of, how would the creditor file a claim? Personally serve notice on me as the executor? I can't recall who (creditor) called me a month after he passed away. I just want to move on, pay anyone he owes and be done. I don't want someone coming up at a later point saying he owes this and the money was already distributed.
Expert:  RayAnswers replied 1 year ago.

They would file a claim here in the probate case number ***** also send it to your or the estate lawyer.You have to approve or deny claims and you work with lawyer to determine if they are valid and were filed properly here.

Once you file for probate here any lender or major debtor will file.They monitor all the court filings .This includes credit cards, medical bills, etc . It astounded me recently filed probate heard from a client's credit card within days that I was not aware of here.So they will find you , its like sharks smelling blood.They contract out these folks to use credit bureau to match them up here.

Thanks again.

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