Legal Question in Wills and Trusts in California

If an attorney has a bank book of a decedent

and will not give it to the heirs. How can the

heirs make the attorney give them the bank

book. Please respond, Thank you


Asked on 6/04/12, 8:39 am

1 Answer from Attorneys

Kurt Seidler Law Offices of Kurt A. Seidler APC

If the heirs absolutely must have the bank book in order to get at their rightful share of the decedent's estate and the attorney, confronted with valid letters testamentary or letters of administration, will still not surrender the book, the heirs must have their attorney file what is called an "850 Petition" with the California probate court hearing the matter.

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Answered on 6/04/12, 8:50 am


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