Legal Question in Wills and Trusts in California

My brother passed away last month. He did not leave a will or a trust. His company issued his last paycheck out to "the estate of Tomas Aguirre". How do we cash this check? He did name me as a beneficiary for his bank accounts, if that makes any difference. He did not own any real estate or anything. He did have a group life insurance plan benefit for $50,000 and a 401k account with $65,000 in it. Would we have to go to probate? My family doesn't really have the money to go to court and we don't really want to have to drag this for several years.


Asked on 8/17/12, 12:57 pm

1 Answer from Attorneys
Jennifer Rouse Meissner Joseph & Palley

Sorry for your loss. There may be a non-probate process to assist with cashing of the check. However, you should see an attorney to discuss the options based on the particulars of your brother's estate and family.

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Answered on 8/17/12, 1:25 pm


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