My fathers estate is a mess

[mtcamp]

What is the name of your state (only U.S. law)? (California) My father died in January, my brother is on the home's deed and I've been told there doesn't need to be probate because of this reason. My dad had about $22.000.00 credit card debt, my brother is the executor and he and his wife told me we don't have to pay his credit cards off, for the record 4 months later one credit card company is still calling for payment and they are being rebuffed by my sister in-law. My main problem is I have been willed his 2004 Toyota Corolla. I paid the final $880.00 to pay off the car to Toyota Financial Corp. I just received the title in the mail but I am not going to try and transfer the title to me until I talk to a lawyer. On the California DMV Reg 5 form (non probate change of title) there is a clause and I have to state that there are no unsatisfied debtors, I have to sign under penalty of perjury. Also it states that I will be held to probate laws (Calif) 13109-13112, which says in essence that if I change title I could be liable to pay all debts just like they are my fathers. I am not the executor and do not control his home ( I see it getting a lien for sure). I want to try and work out a cut rate deal with the credit cards (they were not used for me), but am not getting any response from the executor (they feel we don't have to pay the credit cards), I feel that paying them off will open the door to let me change the title to my dad's car, without squaring the credit card companies I think I am putting myself at risk of criminal and civil charges if I sign these forms for DMV. Am I right, what are the consequences of changing the title over under these circumstances? I am not doing so until I am sure I am not going to be held responsible for this drama thatI did not cause. My wife and I have AAA credit and no unsecured debt, we can't let ourselves be drawn into any mess that will besmirch our good names. My name is not tied to anything at all in regards to my father or brother and I'd like to keep it that way. Thanks so muchWhat is the name of your state (only U.S. law)?

 

[curb1]

I gather that the only asset that your father had at the time of his death was the Toyota. What is the history of your brother getting his name on the deed?

At first glance it would look like you might lose the Toyota to pay creditors. And, brother skates by with owning the house. More details needed.

P.S. Your brother is not the executor until given the status of that position by the probate courts.

 

[mtcamp]

I gather that the only asset that your father had at the time of his death was the Toyota. What is the history of your brother getting his name on the deed?

At first glance it would look like you might lose the Toyota to pay creditors. And, brother skates by with owning the house. More details needed.

P.S. Your brother is not the executor until given the status of that position by the probate courts.

My brother is executor in the will, my father owned his home with two mortgages, my father signed a quit claim deed over to my brother before his death and it was recorded a month after death, the house and the car were his only assets. Thanks for your reply sir.

 

[mtcamp]

My brother is executor in the will, my father owned his home with two mortgages, my father signed a quit claim deed over to my brother before his death and it was recorded a month after death, the house and the car were his only assets. Thanks for your reply sir.

PS: My dad's name is still on the deed, my brother hasn't had it removed, when the quit claim was recorded they told us that both my dad and my brother were recorded.

 

[curb1]

You said you were going to talk to a lawyer. Let us know how this turns out. I would guess the credit card companies could come after the Toyota. Whether they do is hard to tell.

 

[justalayman]

depending on how the title was held, it may or may not go to your brother.I am not sure if your father deeded full interest to your brother or if he deeded it to your brother and maintained his name on the title as well. If the title was held as joint tenants, then your brother simply acquires the total interest at your fathers death. Your fathers name on the title is more or less meaningless. If it was as tenants in common, your brother would only own what the deed transferred and then, any interest remaining would be disbursed per the will directs.

Regardless of that a will states, unless your brother applied for and was appointed executor, or more likely administrator, he has no legal standing to act on behalf of the estate.

and yes, if there are debts, you cannot transfer the car title into your name.

what's happening with the mortgages? They don't just go away. Is your brother paying them, or intending on paying them?

 

[mtcamp]

depending on how the title was held, it may or may not go to your brother.I am not sure if your father deeded full interest to your brother or if he deeded it to your brother and maintained his name on the title as well. If the title was held as joint tenants, then your brother simply acquires the total interest at your fathers death. Your fathers name on the title is more or less meaningless. If it was as tenants in common, your brother would only own what the deed transferred and then, any interest remaining would be disbursed per the will directs.

Regardless of that a will states, unless your brother applied for and was appointed executor, or more likely administrator, he has no legal standing to act on behalf of the estate.

and yes, if there are debts, you cannot transfer the car title into your name.

what's happening with the mortgages? They don't just go away. Is your brother paying them, or intending on paying them?

Thank you all for your opinions, I defiantly want the absolute facts, I am not a fan of sugar coating anything, please bring it on. My brother is paying the two mortgages right now. I feel I need to say that I have always' paid my debts and in this case I feel that if (we) are willing to accept the assets then (we) should be willing to accept the debt. My concern is the decisions that my brother and his wife make can draw me into this, I am really uncomfortable right now hence the questions. I felt that the car title transfer was poison under the circumstances and you've bolstered my fears. I will in fact consult an attorney because I feel this is going to get ugly. If you have more opinions please advise. I will write back and let you know what I find out. Thank you all.

 

[curb1]

mtcamp,

Two separate issues:

1) Find out how the house is/was exactly titled. You can do this at the courthouse. What is the market value of the house? What is the amount of the mortgages?

2) Your feelings about the Toyota are most likely correct. Don't mess up your credit (and ethics) over a car that is six years old.