More details to this question:
My brother died May 22, 2015. He did not have a will. He is survived by me, another brother, and our mother. He had no real estate. He had about $9000.00 in unsecured debt and about $2000.00 in his checking account. How can I claim his money from the checking account without opening myself up to liability for his other debts? All assets will be divided between the three family members. I live in Arizona but my brother who died lived in California. Also, do I need to issue a death notice to the local newspaper where he lived?
1 ANSWER
You just need to have your mom (next of kin) do a California probate code 13100 small estate affidavit. Google those words and you'll find a free form. I have one on my website, http://www.californiaprobate.info/practice-areas/sacramento-estate-planning-lawyer/free-resources/
Mom would then be liable for debts BUT only up to the extent she received funds ($2,000). The unsecured creditor is not likely to go after mom for the two grand.
No need to publish.
-John
Answered on Jul 21st, 2015 at 6:33 AM