Asked in Estate Planning and Probate for California

Q: My dad died and 3 days Later I received a letter from an car insurance co saying my dad hit their clients.

My dad didnt have car insurance. Is the estate responsible for paying the subrogAtion claim of insurance co?

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2 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Probate Lawyer
  • Mill Valley, CA
  • Licensed in California

A: First, don't assume the debt is valid or not subject to some sort of defense. But, if it is valid, then, just like any other valid debt, your dad's estate is liable. If the estate is going to be probated, there is a four month period (after proper notice has been given) for creditors to make claims. For almost all purposes, creditors are cut off if they do not make a timely claim.

Zaher Fallahi and Kenneth V Zichi agree with this answer

Zaher Fallahi
Zaher Fallahi
Answered
  • Estate Planning Lawyer
  • Los Angeles, CA
  • Licensed in California

A: The estate may be held liable if they can prove their case. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation purposes. For specific advice, please consult an appropriate attorney in person. Good luck. Zaher Fallahi, Estate Planning and Tax Attorney, CPA.

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