Riverside, CA asked in Probate for California

Q: Can a credit card company come after the estate [what little there is in it]?

I am a California resident. My husband died a few months ago. There is nothing in his estate except for 2 cars that are both over 15 years old. I do not know the cars' market value, but they are not in very good shape. The only other thing I have is the life insurance money.

I've recently talked to his credit card company to which he owed $3,500 and they told me that his debt will be cleared as long as there is nothing in his estate. I am wondering, will the credit card company consider these 2 old cars a good enough asset to come after? Should I let them know about these old cars? I am completely clueless about this; any advice would be welcome. Thank you

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1 Lawyer Answer
Howard E. Kane
Howard E. Kane
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

A: I'm very sorry to hear that your husband passed. I hope that you are doing ok. The life insurance proceeds are not part of your husband's estate. Also, I highly doubt that the credit card company will come after used cars, especially if they are in particularly poor condition. Assuming they do not come after the cars, the DMV has an Affidavit for Transfer Without Probate which you can use to get the vehicles in your name. Good luck with this.

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