California  |  Wills and Trusts

Legal Question

Asked on: 5/21/04, 6:27 pm

''Letters Testamentary''

My uncle recently passed away. I am sole beneficiary of his irrevocable trust. My sister is the trustor. His employer had a ''Death Benefit Account'', paid by them, owned by them until time of death. They (employer) are requesting ''Letters of Testamentary'', along w/death certificate in order to release funds. Stating, ''Even though all assets pass to me, benefit was their property prior death and could not have been transferred to trust while living''. What exactly are ''Letters Testamentary'' and how do I go about obtaining? Is the Trust document sufficient? Will this create a potential for Probate? If there were accounts, assets not transferred prior to death, is probate neccesary? There are no other heirs, he was never married.

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