QUESTION
What do we need to do if his wife and I want me to be able to talk to the people he owed money to?
Asked on Nov 09th, 2013 on Estate Planning - California
More details to this question:
My son passed away. He was getting a divorce but it had not gone to court yet. There was no estate or insurance money or any money at all.
9 ANSWERS
You have to file a probate petition in the County where he lived. It is likely that it will be a short form filing. His wife is likely his heir, unless there was a will. In order to pay any debt, you need to get an accounting of everything he owned.
Answered on Nov 13th, 2013 at 10:44 AM
Neither of you need to "talk to the people he owed money to". Your son's wife needs to draft a form letter stating that her husband died on (date) and that there is no estate to be distributed. She should send a copy to each creditor.
Answered on Nov 13th, 2013 at 10:43 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If there were no assets, then the creditors are almost certainly out of luck. They probably will not deal with anyone other than the Personal Representative, but you can try. If they continually call and harass you, then you should notify them that there are no assets, there is no estate, and they will not be paid. If you have an attorney, you can give them the attorney's name and phone number and then they are not allowed to contact you any further.
Answered on Nov 13th, 2013 at 10:43 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If there's really no money at all, then you just turn every bill around with a note on it, "debtor is dead. No assets, no probate." In order to have authority to discuss the bills with collectors, you'd need to be appointed administrator of his estate, and if there are no assets you don't want to do that.
Answered on Nov 13th, 2013 at 10:43 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It's not your debt and you are not liable. It may not be his soon to be ex wife's debt either. Have her hire an attorney to investigate.
Answered on Nov 13th, 2013 at 10:42 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Nothing. His death terminated the divorce proceeding.
Answered on Nov 13th, 2013 at 10:42 AM
3 Awards
The death of a child is exceptionally difficult. In Nevada, the wife should talk to an attorney about possible handling a set aside of the estate.
Answered on Nov 13th, 2013 at 10:13 AM
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The wife should do it but if she cannot, she can sign a Power of Attorney to have you act on her behalf to discuss/negotiate debt.
Answered on Nov 13th, 2013 at 6:04 AM
Edwin K. Niles
If he had no estate, there is nothing that should be done. You do't have any responsibility.
Answered on Nov 12th, 2013 at 3:30 PM