Legal Question in Wills and Trusts in California
My brother recently passed and had no will. He was not married and had no kids. Our father is still living. Wouldn't anything my brother had go to my father? If so, how does my father go about this? Does he need to become the executor or get a power of attorney? My broher just had bank accts, etc. He didn't have any land or house.
3 Answers from Attorneys
You are correct. There's a procedure for collecting assets of a small estate, located in Probate Code 13101. You can find the affidavit your father might use at http://www.marincourt.org/data/localforms/PR009.pdf .
I am sorry for your loss.
Assuming the bank accounts are less than $100,000 in value the above is correct. Even still some people like hiring an attorney to assist them with the forms. If the bank accounts are worth more than $100,000 then a full probate is required.
The Court will also have a probate referee that you can speak to. The Probate clerks are usually pretty helpful for those in your situation.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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