[WSBAPT] Creditor of insolvent estate

Tom Stuen tomstuen at comcast.net
Thu Jan 21 13:14:07 PST 2016


Mike:  I think the family allowance shelters the home and bank account, unless the wife guaranteed the loan.  The award in the probate is pretty much automatic.  

Tom stuen

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Michael Atkins
Sent: Thursday, January 21, 2016 12:51 PM
To: PROBATE -REAL PROP SECTION <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Creditor of insolvent estate

 

Decedent had $9k personal unsecured loan unknown to wife.  Community property would be home and small bank account. Loan tied to bank account so bank took most of it for back payments and penalties and interest. Any way, wife can avoid the $9k ? Home is subject to homestead of $125k for wife - so other than her SS, there are no assets to collect from.    

Thanks

Mike

 



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