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My son died in May of this year. He was a California

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resident. He had no will...
My son died in May of this year. He was a California resident. He had no will. There was about $1600.00 in bank accounts, 2 cars (worth
approximately $10k) and an IRA worth $10k. He also has approximately $3k in credit card debt. His father and I are the only heirs. He was never married nor had any children, nor did he own any real property. His father and I had a California Affidavit for disposition of personal property less than $150,000.00 form notarized. It has helped us clear out his bank accounts. But we are now getting collection letters from credit card companies and recovery centers addressed to The Estate of Greg..... Are we responsible for these bills?
Submitted: 11 months ago.Category: Estate Law
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Answered in 2 minutes by:
7/30/2017
Estate Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Estate Law
Satisfied Customers: 13,470
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, eligible to practice in front of state and federal court, who is ready to help. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. I'm sorry to hear about your loss. I have a son as well so I can only imagine what you must be dealing with. Usually, credit card companies are willing to discharge the debt of a person who has been deceased. You may need to provide them something like a death certificate explaining that your son is died so there is no point trying to collect from his estate. You can explain that his estate is only worth maybe a few thousand dollars so any chance that they have to try to collect would be more expensive than trying to write off the debt. You could explain to the credit card companies that because your son has passed, that they can write off the debt as bad debt on the taxes that they file which could help limit their tax liability so they would win and you would win in the meantime.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

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Customer reply replied 11 months ago
We have supplied a copy of his death certificate. I can keep throwing the letters away if we are not legally responsible. Are We? Thanks.
Estate Lawyer: Legal Eagle, Lawyer replied 11 months ago

You aren’t personally legally responsible, it's going to be his estate that is going to be legally responsible. This means that potentially that the property that he has could be subject to those debts. Did you have any other questions for me?

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Customer reply replied 11 months ago
No. Thank you.
Kathy
Estate Lawyer: Legal Eagle, Lawyer replied 11 months ago

The pleasure is all mine! Further up on the you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required! You can also click here in the future to request me individually. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

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