Do we need probate?

[BonnieH]

What is the name of your state?What is the name of your state? California

My mother-in-law passed away about one month ago. She lived in a rented apartment until two weeks before her death. Her vehicle was transferred into my husband's name prior to her death. Her bank accounts were held in my husband's name as well. All of her money was spent on her care during the last weeks of her life. She literally has no assets. She did not have a will. What she did have was credit card debt. I am getting letters from them to pass on to the estate for payment. There is no money to repay these debts. Should I just send them a letter stating the above? Do we need probate if there is literally nothing?

Thank you,
BonnieH

 

[I AM ALWAYS LIABLE]

What is the name of your state?What is the name of your state? California

My mother-in-law passed away about one month ago. She lived in a rented apartment until two weeks before her death. Her vehicle was transferred into my husband's name prior to her death. Her bank accounts were held in my husband's name as well. All of her money was spent on her care during the last weeks of her life. She literally has no assets. She did not have a will. What she did have was credit card debt. I am getting letters from them to pass on to the estate for payment. There is no money to repay these debts. Should I just send them a letter stating the above? Do we need probate if there is literally nothing?

Thank you,
BonnieH

My response:

They have the right to file a Petition to open their own Probate action of your mother's estate since they have an interest in it due to the debts mother owed. You tell them that, in writing, and also that you have no interest in doing so yourself. Give them a copy of the Death Certificate.

IAAL

 

[passingby]

??

why are you getting letters from her credit card companies?

 

[BonnieH]

Bills

When she moved in with us, her mail was forwarded from her apartment. None of her creditors are sending directly to me or my husband; however, my husband's name and address are on the death certificate that was sent to each creditor. The mail is actually still addressed to my mother-in-law.

 

[BlondiePB]

When she moved in with us, her mail was forwarded from her apartment. None of her creditors are sending directly to me or my husband; however, my husband's name and address are on the death certificate that was sent to each creditor. The mail is actually still addressed to my mother-in-law.

Tell the creditors to bite rocks!