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My mother passed away. i live California and In trying to…

My mother passed away...

My mother passed away. i live California and In trying to close her bank account the estate unit told me i would be liable for her credit card debt if her estate couldn't cover it. Do i need a probate attorney?, she didn't own any property or anything like that, she was getting SSI for her disability but that was nothing.

Lawyer's Assistant: What state is this in? And when did the issue begin?

California, last month

Lawyer's Assistant: What documents or supporting evidence do you have?

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Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

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Answered in 2 minutes by:
3/15/2018
Michael Bradley
Category: Legal
Satisfied Customers: 1,377
Experience: Owner at The Protection Group LLC
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Has probate been initiated?
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Customer reply replied 1 month ago
no today was the 1st time hearing of this
Customer reply replied 1 month ago
she didn't have a will, she didn't have any properties, she just had her SSI, 401k from when she worked, and whatever credit card debt/ medical bills. she wasn't married, and i am her only child.
Was the 401k directly to you?
How much was the in the bank account?
Is your name on the bank account as well?
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Customer reply replied 1 month ago
I have not heard from the 401k department yet handling this, since i am her next of kin i think it transfers to me. The bank didn't tell me what she had, they just told me what she owed. My name was not on the bank account where she had her credit cards.
Customer reply replied 1 month ago
the bank said i would have to sign a small estates affidavit. and then go from there if i want to deal with her account, if i dont' then any debt she does have gets reported to California court and then they do whatever they do
First off you will not be personally liable for the credit cards unless you personally guaranteed the debt which I doubt. To get that bank account money you would need to open an estate and get letters of administration to dispose of that account. If you think the account is low then there probably would not make sense to open an estate as the bank will try to get money for the bank accounts. If the debt owed is more than the bank account then I suggest letting it go
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Customer reply replied 1 month ago
if i dont sign the affidavit and let it go if they send it to the courts i should not be worried about anything?
They will not sue since she is deceased. They will take the bank account and eat any balance owed
Michael Bradley
Category: Legal
Satisfied Customers: 1,377
Experience: Owner at The Protection Group LLC
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Customer reply replied 1 month ago
ok thank you
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Michael Bradley
Michael Bradley
Michael Bradley, Lawyer
Category: Legal
Satisfied Customers: 1,377
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