Legal Question in Wills and Trusts in California

Update: the estate was valued at over $500,000. and do his brothers have to come to America in order to make a claim or can they appoint a U.S. citizen under a power of attorney to hold the money for them? I believe the person had real property and money as well.

Hi, my neighbor died 2 years ago (an old nice man), and left a large estate (valued over $500,000 according to his friend) and the friend wants the estate to go to his the decedents family. The friend wants me to help but i dont believe the decedent has any family here but i know that he has 2 brothers in Iran. How would i go about contacting the brothers in Iran? and if the brothers have passed or am unable to contact them, would the estate go to a cousin or other relative of the decedent here in America?

Thank you for all your help.

Allen


Asked on 3/12/14, 9:47 am

2 Answers from Attorneys
Charles Perry Law Offices of Charles R. Perry

Hello Allen,

It sounds like this estate will need to go through probate. The only exception is if the assets are held in an account with named beneficiaries, or if there are trust documents.

It should not be necessary for the family to come to California -- though the current relations between the US and Iran may make the situation more difficult. That would need to be investigated.

The friend's desires are actually of no real importance under the law. If there is a will or trust, then the terms of that document control. If there is no will or trust, then California law on intestate succession will control. Without knowing what relatives the decedent has, it is not possible to know what will happen to the estate.

You and/or the friend need to sit down with an estate attorney to figure this out. The estate should pay any attorney's fees involved, so you do not need to come out of pocket for this. On the other hand, this may take some time an energy on your part or the part of your friend. If you are named the executor of the estate, however, you will be entitled to compensation for your services.

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Answered on 3/12/14, 10:02 am
Scott Jordan Jordan Law Office

Mr. Perry is correct in all aspects. The first thing you or your friend should do is consult with a probate attorney local to you.

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Answered on 3/12/14, 10:18 am


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