Q: My mom died intestate with big credit card debt. Her only income was social security. Do we have to go thru Probate?
After cremation, she had no money left, didn't own a home, was single and has a financed older car. She lived with my brother.
A:
Please accept my condolences on the death of your mother.
Probate is a legal process whereby a court oversees the distribution of assets left by a deceased person. Assets are anything a person owns with value, such as real and personal property and cash, for example.
You don't need to go through probate if your mother had no assets of value in her sole name when she died. The credit card companies do not get paid, unless someone else signed on the dotted line when the card was opened and assumed responsibility for the debt.
On rare occasions, unpaid creditors can initiate the probate process if they believe that there are assets owned by the deceased that could be applied toward the debt. That does not sound like your case though.
Theressa Hollis agrees with this answer
1 user found this answer helpful
A:
I'm sorry for your loss. It sounds like no probate is needed in your mom's case because she owned no assets at her death. Call the credit card company and let them know that there are no assets. They may ask for a Death Certificate.
If the car is registered in Oregon you can either give it back to the bank or transfer it using a DMV Inheritance Affidavit.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
