do i have to pay my deceased brother’s debts?
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do i have to pay my deceased brother’s debts?
my brother died suddenly and the only real property is tenants in common with my mother(deceased) and myself for family home. do i have to sell the house and pay his debts as he was on ssa and there is only small amount of cash.
Asked on May 27, 2009 under Estate Planning, California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Are you talking about whether you need to save yourself or his estate?
First, my condolences to you and your family.
California estates law and property law is kind of funny here. So, you own 1/3, your brother owned 1/3 and your mom owned 1/3 of the house. Correct? If you are tenants in common, you don't own the whole, you only own a portion. So, your mom predeceased both you and your brother -- are you two the only children from her? If so, then each of you gets half of her 1/3, unless by will or trust she indicated otherwise. So, upon mother's death, you have your 1/3 plus half of her 1/3; same for your brother.
Now, does your brother have any children? A wife? Did he have a will or trust? Assuming none, you are the only living closest heir, so you get his 1/3. Now, that being said, this is all in a theorhetical world.
If his estate goes through probate and he has creditors, and there isn't enough by selling other assets, you have to think about other methods of payment.
Your best step right now, contact a probate attorney in California and check his or her disciplinary record at www.calbar.ca.gov under attorney search.
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