Legal Question in Wills and Trusts in California
My mother died intestate in California. I was told that I need to be named as the administrator of her estate before I can file claims for her medical expenses through her secondary insurance. I have looked over the forms that the county of Monterey requires and I don't know how to estimate the amount of her estate. Her secondary is AFLAC so they would be paying the money to me. I just have no way at this time of estimating what that amount might be. How do I figure out where to start?
2 Answers from Attorneys
Your mother's "estate" includes all her assets which are NOT in a living trust, held in joint tenancy or subject to a valid beneficiary/pod designation.
The first place to start is to do an inventory of your mother's estate. Did she own a home/real property? Did she have 1 or more bank accounts and how much money was in those back account(s)? Did she own stocks, bonds, mutual funds, etc.? Once you have gathered that information, you will be able to place a general value on the estate.
In California, if someone dies intestate and whose estate is worth $150,000 or more, probate must be opened to transfer the property to the heirs. As a child, you would be a logical choice to be named as administrator of the estate. However, since it appears you live outside of California, is there someone else who lives near Monterey who could take the job?
If the estate is worth less than $150,000, you could file a small estate affidavit, which should allow you to file the medical claim with AFLAC.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
