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
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.
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.
