What is the name of your state (only U.S. law)? CA
As my forum name implies I have no clue about probate law and the seemingly endless complexities related to someone's exit from this world. I read a bunch of posts here looking for some information but only found bits and pieces. I hope you all can offer some words of wisdom.
My brother died unexpected last December. He lived with my 89 year old mother, in her home. He lived on social security and owed a lot of people money, including my mother and IRS. Adding in the hospital bills he incurred in his final week the list of creditors seeking payment is long. He had all but a few hundred dollars in his checking account, a car that needs a wrecking yard (or donated to charity) and some personal affects that amount to very little.
He had no will, no children and had been divorced for many years. I and my mother are the only living relatives. It seems from my reading here that no probate is needed. He had no interest in any property or other assets. I can't even find the title to his car.
I have been able to close misc. cell phone/internet accounts to stop auto billing. I have been sending death certs. to creditors to notify them. I'm doing all this because my mother is simply not able to cope with all this. Neither of us can really afford to hire an atty. to do it either. I'm also now paying off debts my brother incurred in her name. Some creditors are demanding payment from his estate after being notified. The notices get to my mother because that is where my brother lived.
My questions are these: Am I unknowingly assuming the role of executor by doing all this and thus assuming some legal responsibility or liability that I will regret?
Is is safe to assume that his creditors have NO right to seek remedy from either myself or my mother? We inherited nothing but debt. Should I ignore the notices they send after I tell them he is deceased?
I would like to dispose of his old car, which no longer runs, for which I have no title. The donation organization said the local company they work with could help me assume executorship status of the car to allow the donation to be done legally. I'm worried, again, about how that might be interpreted legally. The car can't be worth more than $200. Is this a bad idea?
Any general advice appreciated. If I need a probate atty. I will hire one but I hate to spend the money unless I really need to. Thanks to all who donate their time to those without a clue.
What is the name of your state (only U.S. law)? CA
As my forum name implies I have no clue about probate law and the seemingly endless complexities related to someone's exit from this world. I read a bunch of posts here looking for some information but only found bits and pieces. I hope you all can offer some words of wisdom.
My brother died unexpected last December. He lived with my 89 year old mother, in her home. He lived on social security and owed a lot of people money, including my mother and IRS. Adding in the hospital bills he incurred in his final week the list of creditors seeking payment is long. He had all but a few hundred dollars in his checking account, a car that needs a wrecking yard (or donated to charity) and some personal affects that amount to very little.
He had no will, no children and had been divorced for many years. I and my mother are the only living relatives. It seems from my reading here that no probate is needed. He had no interest in any property or other assets. I can't even find the title to his car.
I have been able to close misc. cell phone/internet accounts to stop auto billing. I have been sending death certs. to creditors to notify them. I'm doing all this because my mother is simply not able to cope with all this. Neither of us can really afford to hire an atty. to do it either. I'm also now paying off debts my brother incurred in her name. Some creditors are demanding payment from his estate after being notified. The notices get to my mother because that is where my brother lived.
My questions are these: Am I unknowingly assuming the role of executor by doing all this and thus assuming some legal responsibility or liability that I will regret?
Is is safe to assume that his creditors have NO right to seek remedy from either myself or my mother? We inherited nothing but debt. Should I ignore the notices they send after I tell them he is deceased?
I would like to dispose of his old car, which no longer runs, for which I have no title. The donation organization said the local company they work with could help me assume executorship status of the car to allow the donation to be done legally. I'm worried, again, about how that might be interpreted legally. The car can't be worth more than $200. Is this a bad idea?
Any general advice appreciated. If I need a probate atty. I will hire one but I hate to spend the money unless I really need to. Thanks to all who donate their time to those without a clue.
What is the name of your state (only U.S. law)? CA
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