No will, but small claims?

[Jakesmom]

What is the name of your state? California

Thanks in advance for your help. My father died at the end of January. He had no will, no land and no money. The only assets he owns is several cars that value less than $10,000. I am his only child, there is no spouse and only one other uninterested relative left of my fathers.

My question is this: my father was recently sued and lost a small claims case two weeks prior to his death. The judgement came in as a win in the plaintiffs favor. The total amount is $2500. Am I responsible to pay the judgement? Can I now be sued for the $2500 as the only relative. Can the plaintiff take my fathers cars? As far as I am concerned, he can have them as they have little value to me. I have tried to make good in my fathers name and pay all of other bills and expenses as he was on disability and had no other income. I do not have $2500 at this time as I do not have a job. The plainiff is now calling me expecting payment on behalf of my dad. Do we have to go to court again? Do I have to pay all of my dad's bill's?

Please help as I cannot stand all the calls and my father hasn't even been dead for 2 months.

Thank you,
JakesmomWhat is the name of your state?

 

[Dandy Don]

File for probate at the county courthouse so you will have the legal authority to sell the cars and then the estate will have enough money to pay off the judgement. Tell anyone who calls that you are handling the estate and that you will take care of the obligation within the next few months.

 

[Jakesmom]

File for probate at the county courthouse so you will have the legal authority to sell the cars and then the estate will have enough money to pay off the judgement. Tell anyone who calls that you are handling the estate and that you will take care of the obligation within the next few months.

Why have probate just for this one person, he is more of a hassle. I went to DMV and transferred cars into my name. Why can't I just sign the cars over to the plaintiff. I rarely saw my dad and do not feel like I should have to handle his issues. I do not have time to or money to bother selling his cars and like I said he was overdrawn in his bank account. Why should I have to pay the $2500 if there wasn't any money, will or anything with my name on it. Thanks again.

 

[lwpat]

Call and offer the vehicles and get a release. You are only responsible up to the value of the vehicles.

 

[Dandy Don]

Check at the county courthouse probate court to see if there are special procedures for handling smaller estates. Cost of probate may be less than you think. You are going to sign cars worth "less than$10,000" over to a plaintiff to settle a $2500 debt when you could sell them and make a profit?

 

[pojo2]

I went to DMV and transferred cars into my name.

Care to explain how you LEGALLY did this?

 

[Jakesmom]

Care to explain how you LEGALLY did this?

I was told that if there weren't any other family members involved and no will, that after 40 days I could go to the DMV and tranfer the car titles so I could get rid of them. I have been paying my dad's rent and bills (this includes a storage for his cars) for 2 months now. Like I mentioned before, he didn't have any money as he was on disability.

I am not trying to do anything illegal, just get on with my life. Before this plaintiff started calling me I was unaware of the small claims win. Prior to his call I had planned on donating his cars to a local boys school-sort of a charity.

I am still trying to understand why I would have to pay for bills for someone that I have no ties to. I am a married adult who rarely saw my father. Now I have to pay all of his expenses--why. Please explain if you can as I am confused. I went to the library to get some books but I couldn't find anything that explains my situation.

Lastly, can I sigh the cars over to the plaintiff who won the case. Won't I incur further expenses trying to sell them?

Thanks,
Jakesmom

 

[divgradcurl]

I was told that if there weren't any other family members involved and no will, that after 40 days I could go to the DMV and tranfer the car titles so I could get rid of them. I have been paying my dad's rent and bills (this includes a storage for his cars) for 2 months now. Like I mentioned before, he didn't have any money as he was on disability.

I am not trying to do anything illegal, just get on with my life. Before this plaintiff started calling me I was unaware of the small claims win. Prior to his call I had planned on donating his cars to a local boys school-sort of a charity.

I am still trying to understand why I would have to pay for bills for someone that I have no ties to. I am a married adult who rarely saw my father. Now I have to pay all of his expenses--why. Please explain if you can as I am confused. I went to the library to get some books but I couldn't find anything that explains my situation.

Lastly, can I sigh the cars over to the plaintiff who won the case. Won't I incur further expenses trying to sell them?

Thanks,
Jakesmom

YOU don't have to pay for any of your Dad's debts -- but your Dad's ESTATE does. If your Dad had an estate worth $10,000 or so, then it was up to the executor of the estate -- I guess that's you in this case -- to pay off any debts owed by your Dad BEFORE you transferred any assets to anyone else, in this case, yourself.

California has simplified probate proceedings for small estates. You should have probated his estate, sold the cars, paid off the debts (your "costs" associated with selling would have been one of the debts) then distibute the remainder (if any) to the heirs (I guess you).

Now, it looks like you took everything from the estate before you tried to settle any debts -- the person owed the debt may very well be able to go to court and have the court have you pay the debt, because you benefited to the tune of $10,000 without trying to pay off the outstanding debts.

Sell the cars and pay the man off.

 

[seniorjudge]

I was told that if there weren't any other family members involved and no will, that after 40 days I could go to the DMV and tranfer the car titles so I could get rid of them. I have been paying my dad's rent and bills (this includes a storage for his cars) for 2 months now. Like I mentioned before, he didn't have any money as he was on disability.

I am not trying to do anything illegal, just get on with my life. Before this plaintiff started calling me I was unaware of the small claims win. Prior to his call I had planned on donating his cars to a local boys school-sort of a charity.

I am still trying to understand why I would have to pay for bills for someone that I have no ties to. I am a married adult who rarely saw my father. Now I have to pay all of his expenses--why. Please explain if you can as I am confused. I went to the library to get some books but I couldn't find anything that explains my situation.

Lastly, can I sigh the cars over to the plaintiff who won the case. Won't I incur further expenses trying to sell them?

Thanks,
Jakesmom

I am still trying to understand why I would have to pay for bills for someone that I have no ties to.

You are liable only up to the dollar amount of the property your dad had that you got.

If you got stuff worth $10K and he had $8K of bills, then you would get $2K.

If you got stuff worth $10K and he had $22K of bills, then you would get nothing (and owe nothing).