Legal Question in Wills and Trusts in California

My dad died without a will and I am his only child. He wasn't married. I have a certified death certificate and it is almost 40 days but his bank Wells Fargo said they need me to show them proof I'm his daughter. They said a birth certificate wasn't enough. They said I should get a lawyer to help me. There is only $5,000 in the account, so that doesn't seem worth it.

So how can I get a legal document stating I am my fathers daughter and am the next of kin since he didn't have a will?

Asked on 1/02/10, 10:17 am

1 Answer from Attorneys

John Palley Meissner, Joseph & Palley, Inc.

Wells Fargo is wrong. The law does not require that you prove it. All you need to do is complete a probate code 13100 small estate affidavit and take it to Wells Fargo with the certified death certificate. Talk to a manager. Whoever you talked to is flat out wrong.

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Answered on 1/07/10, 10:34 am

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