Legal Question in Investment Law in California

My mother has stock certificates Bell South, Lucent Technologies, Southwestern Bell Corp., SBC Communications, Nynex Corp., US West, Inc., Bell South Corp., Bell Atlantic Corp., and a couple of other companies, they are valued at around $4000.00. The problem is; they are in my fathers name and he died in 2001. We went to our local bank (Chase) and they need a "Court Appointment Of Executor of my Father" and a California Inheritance Tax Waiver. Is there any way of transferring these stocks into my mothers name, without have to go to Probate Court and go before a judge? My mother is 89 years old, suffering with Demthia, I do have POA both financial and medical. Who can help me get this done?


Asked on 9/04/10, 4:32 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

The bank told you what you had to do. If you don't know how to navigate the court probate procedures to do so, then hire an attorney who does. If the estate was small, it is not as complicated or expensive as you may fear, if you know what you are doing. You may be able to handle it for her with the POA. If serious about hiring counsel, feel free to contact me.

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Answered on 9/09/10, 5:47 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There is a relatively small number of LawGuru attorneys who receive and answer questions on investment law, and of those, even fewer would know probate law well enough to answer your question, even though it's pretty basic. Perhaps you should re-ask it under a topic heading such as Probate, Wills Trusts & Estates, or the like, where it will be disseminated for answer to a larger pool of lawyers, all specialists in the field.

Having said that, although your question was clearly stated and with more facts than we often get, I know it will produce more specific answers if you add a couple of specifics to your question, e.g., did your father have a will or trust? What was the approximate dollar value of his estate? Was there real estate, and if so, how did it pass, e.g., was it in joint tenancy, community property, etc.? Was there a probate proceeding of any kind, any appointment of an executor or administrator? The answers to these questions will govern which category of probate handling, if any, was or will be necessary.

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Answered on 9/10/10, 7:31 am


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