Legal Question in Wills and Trusts in California

My father in law passed away in Feb 2010 and my mother in law passed in Nov 2010 and they have a living trust that states all stock bonds ets are to be part on trust. The problem is they did not change the stock certificates from a joint tenancy into the living trust name. The stock companies are saying that we must go to court to get a letter of Testamentary is this necessary when it states it in the living trust that all stocks are to be included.The estate is in California.


Asked on 1/06/11, 4:32 pm

4 Answers from Attorneys

My sympathies to your spouse. Sounds like they have had a rough year. Letters testamentary might be needed. It depends. If the stocks are worth less than $100k then you can do probate code 13100 small estate affidavits. If over $100k then you either need to do a full probate or a "Heggstad petition." Call me and I can give you more details on what would be the most efficient thing for you to do. -John

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Answered on 1/11/11, 4:39 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Depending on what the estate planning documents say, there are several alternatives to obtaining letters testamentary. Although some of them still involve going to Court, they will all be much quicker and easier. Please feel free to give me a call to discuss your options.

Jon Reich

310.478.2541

www,dwclaw.com

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 1/11/11, 6:00 pm
Donald Field Donald L. Field, Jr., Attorney at Law

Unless the value of the stock is $100,000 or less, some form of probate will be required in the county in which your mother in law lived when she died. I can represent the executor named in her will in any county in the San Francisco bay area.

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Answered on 1/12/11, 11:51 am
Kai Wessels Kai H. Wessels

Also my sympathies to you and your spouse. The above attorneys are generally correct. The best suggestion is to contact an attorney in your county to assist you. If I can be of assistance, please do not hesitate to contact me.

Sincerely,

Kai H. Wessels, Esq.

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Answered on 1/15/11, 10:20 pm


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