Q: if a person passes away with a car as their only asset, but has credit card debt, will this go to probate?
A family member passed away unexpectedly without a will. Their only asset was a car, they rented their home & did not own any property. it is believed they had some debt, primarily credit cards. Not sure if the vehicled has a TOD on the title. Would the sale of any household appliances, electronics etc be considered part of the "estate" and subject to probate or to go towards the payment of any debt? I would estimate the total "estate" to be well under $50K
A: In Kansas, there would be number of variables to consider. That said, generally, all of a person's property that does not have a beneficiary designation on it (or co-owner w/ survivorship rights) is part of the estate and can be used to satisfy enforceable debts. There may be some alternatives to a full estate administration, however. I would certainly suggest you talk to a probate lawyer. Good luck!
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