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EllensQtip

Junior Member
What is the name of your state? Southern California.....Are the next of kin suppose to post a notice of death in the paper for a certain amount of time so that debts owed by the decease can be paid off with the deceased assets? What if the deceased has nothing of value....i.e. no home, jewelry, property...who is liable for the debts? such as medical, phone bills, personal loans.. past rent owed?
 


I AM ALWAYS LIABLE

Senior Member
EllensQtip said:
What is the name of your state? Southern California.....Are the next of kin suppose to post a notice of death in the paper for a certain amount of time so that debts owed by the decease can be paid off with the deceased assets? What if the deceased has nothing of value....i.e. no home, jewelry, property...who is liable for the debts? such as medical, phone bills, personal loans.. past rent owed?

My response:

Private notices of death have nothing to do with a decedent's death. A Publication of Death and Notice to Creditors is ordered to be published in a newspaper of general circulation by a court upon filing an action for Probate. If the Estate has nothing, then the debts don't get paid. Simple.

No one but the Estate is liable for debts. Debts do not become the burden of family members - - EXCEPT to the surviving spouse. If there is no spouse, and the Estate is bankrupt, then it's all over. But, the only way you can legally declare the Estate as bankrupt is to file a probate action.

IAAL
 

EllensQtip

Junior Member
I appologize Iaal

I do apologize, I have never heard of this website until tonight. Thank you for your insight and help I do appreciate your help. My Question again is....Can the Mechanic put a lein on the vehicles for the work that he has done on them without payment?

Again, Thanks for all your insight.
Mike
 

Dandy Don

Senior Member
The next-of-kin is not responsible for publishing the notice--the administrator or executor of the estate is responsible for doing that, IF there is an estate.

Check with the county courthouse to see if there is a special procedure for smaller estates.
 

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