Legal Question in Wills and Trusts in California

estate law

my uncle passed away a year ago, we hired an attorney who got us the letter of testamentary. we have been unable to get accounts turned over to the estate - retirement, checking, savings, etc. the paralegal said that they are not responsible for getting these accounts settled but the companies do not seem to be taking the family serious - what can i do?


Asked on 6/01/09, 8:36 am

3 Answers from Attorneys

Re: estate law

I would probably hire a new attorney. The job of accessing bank accounts, and everything else, is a combination of the Executor and the attorney. If the Executor is having trouble doing something than the attorney needs to step in to help... otherwise, why have an attorney!? I suggest you look for someone who has been certified a specialist in the area of probate law by the state bar of California.

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Answered on 6/01/09, 10:17 am
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: estate law

Your attorney should be helping with this--it's common for the companies to brush you aside or ask for the wrong documents (it's frustrating for us too, but we're used to it and will get the assets transferred eventually).

If the attorney's office refuses to help, you can transfer your case to a new attorney.

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Answered on 6/01/09, 12:47 pm
Scott Linden Scott H. Linden, Esq.

Re: estate law

It sounds like your attorney has dropped the ball. These should have been transferred to the estate after providing the institutions with the Letters Testamentary. The only time there is an issue is where the account has a named beneficiary, these will most likely pass outside of Probate.

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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Answered on 6/01/09, 7:01 pm


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