Legal Question in Wills and Trusts in California

Death with no will

My mom passed away with no will. She had no real estate, stocks or bonds. Recently I found out that there is monies to be returned from her long-term healthcare. I received the check but cannot cash it as it states ''Made to the Estate of..., care of then my name.'' The bank will not allow me to cash the check. How do I cash this check? Or do I have to open probate? The check under $1500.

Asked on 2/18/09, 11:49 pm

1 Answer from Attorneys

Michele Cusack Pollak & Cusack

Re: Death with no will

If your mom's whole estate (not including assets with a pay-on-death/beneficiary designation) is under $100,000, you do not need a probate and you can execute a Probate Code Section 131000 small estate affidavit to have the check be issued to you as an individual (if you are the only heir.) Consult Nolo Press (in your local library) or an attorney. I will be happy to prepare this for you for $150; call me.

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Answered on 2/19/09, 12:36 am

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