Legal Question in Wills and Trusts in California

I am the executor of my brother's will and i am unsure what legal help i need. Before he passed away, he reduced his assets to a few tohusands dollars to become elligible for Medicare. I think i am the denfiucariay on his bank accont where all his assetrs are and the money will not need to go thrugh probbatge. My question is - if the are no assets tied up in probate, do i need an estate lawyer to execute his will? My brother lived in California (I live in Alabama).

thanks,

Russ Booth


Asked on 3/08/10, 6:09 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

I'm sorry to hear of your loss.

There is a shortened process in California to retrieve assets. If assets of the estate are valued under $100,000, you must wait for 40 days, and then present an affidavit along with a copy of his death certificate to those holding his monetary assets. See California Probate Code section 13101 for the contents of such affidavit.

Once you have all assets, you should first set aside sufficient funds to make sure that final income taxes, and hospital and creditors' bills, are satisfied. Then, the remainder can be distributed according to his will.

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Answered on 3/14/10, 10:18 am


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