Q: My father passed in April 2024, he had no assets at time of death, am i responsible for his debt?
No owned property, my father had a mobile home titled through CA DMV which transferred to myself on the Title after his passing. He had no vehicles, no assets. I have contacted all of his creditors there will be no probate, and no assets to collect from. One creditor filed form DE-172 and mailed me a copy. What should be my response?
A: When someone passes away, all debts must be paid and final tax returns filed BEFORE anyone can inherit the deceased person’s assets. There are a few exceptions to this rule, such as assets titled in joint tenancy, but I wouldn’t know if any of the exceptions apply because there isn’t enough information in the question. However, I’m a little confused because you said the deceased person had no assets, but you also said he had a mobile home, which is an asset. In all likelihood you will have to give that back to your father’s estate, but a lawyer would not know one way or the other without asking a number of questions. It would be a good idea to talk to a lawyer to help you out, so the creditors don’t come after you. Best wishes.
A:
You are not personally responsible for your father’s debts unless you co-signed on any of them or guaranteed payment. Since he had no assets at the time of his death and his mobile home has already been transferred to you, creditors generally cannot pursue you for repayment of his debts. Debts are typically paid out of the deceased’s estate, and if there is no estate or probate, creditors often cannot collect.
The creditor who filed Form DE-172 may be attempting to establish a claim against your father’s estate, even though no assets exist. You can respond to them in writing, explaining that there is no estate or probate because your father had no assets at the time of his passing. State clearly that there is no source from which to pay the debts.
If you are unsure about how to word your response, it may help to send a simple letter clarifying the situation. Include details such as the fact that your father’s mobile home was retitled to you, there are no vehicles or property, and there is no estate being administered. Keep a copy of the letter for your records and consider sending it by certified mail so you have proof of receipt.
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