Legal Question in Wills and Trusts in California

Re: No beneficary on my husband's savings

If it is an estate under 100k, it is a small estate addidavit. Here is link for a small estate:

http://www.lasuperiorcourt.org/probate/pdf/TransferForm.pdf

If the estate is over 100k, you will need to petition the court to probate the estate. A link to those forms are also on the same site. If you need assistance of an attorney, feel free to call me.

Re: No beneficary on my husband's savings

More information is needed to really determine exactly what you need to do. I would recommend at least an initial consultation with a Probate attorney, so you don't fill out the wrong form or handle the money in the wrong way.

I am sorry for your loss. If I can be of any assistance, please feel free to contact my office.

Re: No beneficary on my husband's savings

If the account/estate is less than $100,000, you can use a small estate affidavit form, which you can find in the California Probate Code at section 13100. If the amount is larger, you may need probate or a spousal property petition, and should consult an attorney.

Re: No beneficary on my husband's savings

If the total estate, that includes the value of any assets in which your husband had an interest in addition to the savings account is under $100,000 than you can use a petition pursuant to a probate code. That code section is 13100 and you can go to findlaw.com and look up the judicial council forms in a probate section and the petition pursuant to 13100. If though the total estate is in excess of $100,000 then you must file a probate petition in the county in which you reside. Remember, this is a technical kind of situation in some instances as his share of the estate is one-half of the community. Assuming, which is incorrect to begin with, that he has no separate assets and that would depend upon the facts than you would divide the total value of the estate in half. I would very much recommend that you seek the eight of the estate planning/probate attorney just for at least an initial consultation. You do not wish to do something incorrectly which could affect you or your children at a later time. Don't screw it up basically.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.