California Banking Legal Questions

If title to the property is in your husbands name, you need to open up a probate in the county where he died. In California, when a person dies without a will and has title to property in his individual name, that property will pass by intestate succession. You as his wife would be able to inherit 50% of the community property and 50% of his separate property. You need to consult with a California probate attorney for more specific advice. ... Read More

Generally banks do not lend to closely held partnerships, LLCs or corporations without the personal guarantee of an owner.  Commonly the owners borrow in their personal name and use the proceeds for the business.  When the account is not paid, the lender will call and write the person who is contractually liable to collect.  If that doesn't work, the lender may sue the person or persons who are legally liable for the account to obtain a court judgment that gives them greater rights to collect like garnishing wages, levying upon bank accounts or other property, recording an abstract of the judgment with the county recorder that creates a lien upon real property in the liable person's name.  The lender can sue each person or business entity that is liable for the full amount, not just part depending on how many persons or entities may be liable. Filing a bankruptcy results in the emmediate imposition of a temporary order, the automatic stay, prohibitnig all actions to collect the debt.  Bankruptcy normally results in a discharge order that permanently prohibits the lender from taking any action to collect the obligation.  It will stop a lawsuit, wage garnishment and levying upon property forever.  But the bankruptcy only protects the person who files it; the petitioner.  Not the co-debtor business, or partner in the business.  Bankruptcy can have some negative consequences.  The petitioner gets to keep certian property called "exempt property".  But any property of value that is not exempt can be sold by the bankruptcy trustee to generate funds to pay creditors. Property transerred in the last 2 years can be recovered by the trustee if the debtor did not receive equal value for the property.  Some payments made to certain creditos may be recovered by the trustee as well.  So when considering bankruptcy, one is wise to consult with an experienced bankruptcy attorney who can evaluate and explain all of your options and all of the likely consequences of your case.  And in most communities the bankruptcy attorney will provide a free initial consultation.  Good luck.... Read More