Legal Question in Wills and Trusts in California

I live in Canada and my mother recently passed away in Californa. The bank was notified at time of death- several months ago now. Should the bank allow payments (like monthly health insurance) to continue to be processed even after they have been notified of the death and what documentation can they demand to release the funds to me the sole family member and named benificiary of her will. They are currently indicating I must come in person to their branch (several thousand miles from me and different country) or have a letter of instruction notarized at a US consolate.....again approx 500miles away. Any guidance appreciated.

Asked on 2/17/12, 3:00 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

The bank should not be receiving any payments intended to be made only while your mother was alive. You do not state whether you are listed on the bank account. If not, the bank should not be releasing the funds to you, so if they are willing to do so via a notarized letter, it is worth the 500 mile trip if it can not be done by appearing before a government official closer to your home. It sounds as though you might need the Will probated, but since you have not stated the type of assets I do not know. You need to contact a California attorney who handles estates and trust.

You could contact one of the attorneys on this site who answers such questions; if you want to call me I am at 510-441-2684.

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Answered on 2/17/12, 3:42 pm

Gary R. White Burton & White

California Probate Code section 13100 should be of assistance.

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Answered on 2/17/12, 3:54 pm

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