Legal Question in Wills and Trusts in California
My sister recently passed in California. She had a will and listed me as beneficiary and executor. It was not necessary to probate the will under California law.
I will inherit a savings account from Pacific Western Bank. I took the will, death certificate, bank statement and a signed Small Estate Affidavit. They gave me their form �Affidavit for Withdrawal of Account or Personal Property� to use instead. The notary wasn�t available and had to return the next day.
The next day I was asked if I had any siblings and I replied I had two. Then they informed me that my siblings were entitled to equal shares of the account and gave me two additional forms for them! They claim their bank policy is that if the account holder does not notify them that they have a will that after death that will becomes nil and void! Even if that could be true they never ask if she was married, had children or if anyone else had a superior right to the property.
I politely argued that, in my opinion, that they were not complying with California Probate Codes. They didn't agree.
Is this legal? What steps should I take next.
Thanks in advance - much appreciated!
TJ
2 Answers from Attorneys
Ask them to see the policy..
You may want talk with an attorney who can help write letters or talk with tem..
I'm not so sure that either you or the bank is correct. A small estate affidavit is used to transfer property from third parties to the successor's of the decedent, without need for probate. But that does not necessarily mean that a will does not have to be probated, or that you have sole standing. An attorney would have to review the will, all relevant facts, and a copy of the estate affidavit to advise you properly.
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