Legal Question in Wills and Trusts in California
Death benefits
My son passed away on 2/19/07
leaving behind $830.00 in a small
mutual funds with Sun America.
They are asking for a legal letter
stating that he had no spouse,
significant other, or children, or
owned no property or home. I can
provide a certified death certificate.
Although he didn't name us a
beneficiators, we were left as
beneficiators with his school
retirement death benefit. I would
appreciate any help or suggestions
with this matter.
Thank you very much,
--name removed--F. Navarrette
1 Answer from Attorneys
Re: Death benefits
I am so sorry to hear of your son's passing. It is a terrible thing for a parent to have to bury a child. I truly feel for you.
What exactly is the bank asking for? If it is a legal opinion letter, that can be provided for almost nothing. It sounds more like they are asking for letters testamentary which means they are asking you to start a Probate. This is not necessary unless your son's total assets were over $100,000, which it does not sound like they were.
It should suffice to provide them with an affidavit under Probate code section 13101. Use the code section itself as a form.
Again, my sincerest condolances.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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