Legal Question in Wills and Trusts in California
estate check
My mother passed away in 2004. Farmers Insurance has unclamed property ($90.61). They issued a check to ''Estate of --her name--. The bank wil not cash the check because: Her estate never went to probate (all property was in a trust and all funds were in joint accounts) so they can't setup an estate account. The Insurance Co. will not issue a check in any other name. How do I resolve this.
2 Answers from Attorneys
Re: estate check
Try using a (California Probate Code section ) 13100 affidavit. You should be able to find the form online, and if not, it is also contained in that chapter of the Probate Code.
You can fill it out, notarize it and send it to the insurance company--the form is used for claiming property of estates where the total estate is less than $100,000.
Re: estate check
A Probate Code section 13100 declaration should do the trick -- this is assuming that there are no other estate assets that have a combined total of $100,000 (or more) and those assets do not include real estate.
Please do not hesitate to contact me if you have any further questions.
Sincerely,
Kai H. Wessels, Esq.
The above is provided for informational purposes only and not intended to be relied upon as legal advice or an engagement for legal services.
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