Legal Question in Wills and Trusts in California

My dad died 6 years ago. Mom is the only heir per their Trust and reciprocal will in it. She never went to court to confirm it as there were no disputs. Now, it turned out that Dad had a bank account in Latvia, where he worked for over 25 years. For her to receive it, she needs to submit the confirmation from court that she is the only lawful heir. She can bring the Trust, but I have no idea how to go about the court's confirmation? Is it a form? Do we need a hearing?


Asked on 1/21/16, 10:53 am

1 Answer from Attorneys

William Christian Rodi Pollock

You need an estate attorney in Latvia to assist. There are court orders that may be available in California ( consider a Heggstadt petition), but you need counsel there to advise whether a California court order would be accepted in the foreign country. How much money is in the account? If it is not a large amount, perhaps a small estates affidavit can be used. Was there a pour over will? Was there some type general assignment of all assets to the trust? If so these may also be useful in the transfer process.

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Answered on 1/21/16, 5:30 pm


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