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Parent died owing utilities and credit cards

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Sethaniel

Guest
What is the name of your state? California

My fiancee's mother passed away a few weeks ago. Today we notified the utility companies and discovered that she owed the phone company about $300. A few months ago there was about $5000 in credit card debt that she filed bankruptcy to get out of. We haven't been able to determine wether the bankruptcy was approved or not, so there may be that debt as well.

Her mother had nearly nothing - less than $100 in her checking, no insurance, etc. The only thing she had was a mobile home that I would be surprised if anyone would pay more than $2,000 to buy. She still owes somewhere between $100 and $500 on the home. There is some furniture and of course some personal items that a few family members would like to keep, but nobody is interested in the trailer itself.

What we would like to do is just take out the furniture and personal items, then let the trailer park take over the trailer. Is there an easy way to do that without taking ownership of the trailer and without taking on any of the debts?

There is no will and she and her husband divorced about 20 years ago. I believe the only heirs would be my fiancee and her brother,and both are in agreement about what they would like to have happen.

-Seth
 


I AM ALWAYS LIABLE

Senior Member
Sethaniel said:
What is the name of your state? California

My fiancee's mother passed away a few weeks ago. Today we notified the utility companies and discovered that she owed the phone company about $300. A few months ago there was about $5000 in credit card debt that she filed bankruptcy to get out of. We haven't been able to determine wether the bankruptcy was approved or not, so there may be that debt as well.

Her mother had nearly nothing - less than $100 in her checking, no insurance, etc. The only thing she had was a mobile home that I would be surprised if anyone would pay more than $2,000 to buy. She still owes somewhere between $100 and $500 on the home. There is some furniture and of course some personal items that a few family members would like to keep, but nobody is interested in the trailer itself.

What we would like to do is just take out the furniture and personal items, then let the trailer park take over the trailer. Is there an easy way to do that without taking ownership of the trailer and without taking on any of the debts?

There is no will and she and her husband divorced about 20 years ago. I believe the only heirs would be my fiancee and her brother,and both are in agreement about what they would like to have happen.

-Seth

My response:

The children of a dead parent are NEVER responsible for the debts of that parent. Take the stuff, leave the rest, including the trailer. If any of the creditors want to file a Probate action against the Estate, let them.

None of the "heirs" or survivors are liable for anything.

Ask yourself - - if she had survived long enough to have her BK Petition granted, would her creditors then have a viable cause of action against the children? No, of course not.

Mom was granted the "best" bankruptcy she could have asked for - - she died.

IAAL
 
Last edited:

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