A recent inquiry from a reader sheds light on the complexities of dealing with a loved one’s estate after their passing. The reader, who was the primary caretaker for their mother suffering from Alzheimer’s, is facing questions about probate court and outstanding credit card debt.
The reader’s mother had set up a trust and left them her house in Fresno, Calif., which still had a mortgage on it. However, the mother also left behind $17,000 in credit card debt that has creditors calling and asking about a probate court date.
The reader is unsure of what a probate court date entails and whether they are responsible for paying off their mother’s credit card debt. The reader is concerned about having to sell their mother’s house to settle the debt and wants the calls and letters from creditors to stop.
In response to the reader’s questions, experts advise against disclosing information to creditors and recommend seeking legal advice from a trusts and estates lawyer. The lawyer can assess whether a probate case needs to be filed, especially if the estate is valued above a certain threshold.
It is important to note that creditors have a limited time frame to pursue debts from a deceased individual’s estate. The estate’s assets, such as the trust and assets passed directly to the reader, may be protected from creditors.
Ultimately, the reader should focus on wrapping up their mother’s estate, paying necessary expenses like property taxes and utilities, and seeking legal guidance to navigate the complexities of probate court and debt settlement.
In conclusion, dealing with a loved one’s estate can be a daunting task, but seeking professional advice and understanding one’s rights and responsibilities can help alleviate some of the stress and confusion during this challenging time.
