Are there any debts that cannot be claimed in an intestate succession?

Yes, there are certain debts that cannot be claimed in an intestate succession. In California, intestate succession is the lawful distribution of an individual’s property upon death if they did not leave a valid will. Any debts that were not paid prior to the deceased’s death, are distributed to the heirs via their share of the estate. However, there are some debts that cannot be claimed in an intestate succession. These include any debts an individual accrued during life that did not have a security interest in the estate such as credit cards, unsecured loans, and medical bills. In addition, debts that have a security interest in the estate but were not established prior to the individual’s death, such as a debt incurred through legal proceedings, are not usually part of the estate. Furthermore, a debt that is owed to the federal or state government, like taxes, cannot be claimed in an intestate succession. While other debts may not be claimed, such as spousal or child support, the government will collect those funds from the individual’s estate before the remaining property is distributed to the heirs. It is important to consider that the rules of intestate succession vary from state to state. As such, it is recommended to consult with an attorney specializing in estate law for more specific information.

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