Legal Question in Wills and Trusts in California
Aunt died with no will, I'm sole beneficiary on 401k, life ins...
My Aunt died without a will. She had no spouse or children. The only survivors are myself and my two brothers. One year prior to her death, she put me as joint owner on her bank accounts as well as beneficiary on her 401K and life insurance. She has an additional survivor benefit through her long-term disability. They request a legal document stating I am the administrator of her estate. Can this be obtained without my brothers' involvement(since I was the sole beneficiary on all her assets). What steps need to be taken to aquire the legal designation of administrator (or whatever term is most applicable).
2 Answers from Attorneys
Re: Aunt died with no will, I'm sole beneficiary on 401k, life ins...
Unless you probate your aunt's estate, there will not be an administrator. None of the assets you described require probate and none of them should require letters of administration to be released to you. Unless there are other assets that will actually require a probate (which would also require you to notify your brothers), explain to the insurance company or trustee that there will be no probate and therefore no letters of administration. If they won't release the funds to you within a reasonable time without any further requirements, hire counsel to get it done.
Re: Aunt died with no will, I'm sole beneficiary on 401k, life ins...
As to joint bank accounts and designated beneficiaries on life insurance and 401K's and other IRAS, an administrator is not necessary. These items pass outside of probate. All you need is a death certificate and some form of ID. As to any items in her own name this requires a probate procedure of some kind depending on the amount. Under a 100,000 is a simple procedure. Above that amount is a little more involved.
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