Legal Question in Wills and Trusts in California

Re: father died, need help getting 401k, life ins., and checking account

The key issue will be if more or less than $100k in assets. If less than $100k in assets you can use the California Probate Code 13100 "small estate affidavit" and collect assets 40 days after death. If over $100k then you need to do a full probate. My firm is very experienced at handling probates around the state so please call us if we can help. We are efficient and very experienced with probate cases. Please call or email if we can help. 88eight-920-598three x405.

Re: father died, need help getting 401k, life ins., and checking account

I am sorry to hear that your Dad passed away. The credit union and other financial institutions are correct that your Dad's estate will have to go through probate. If the total value of his assets are less than $100,000, you can use the Small Estate Affidavit procedure, a summary probate procedure available in California. If you can use this procedure, you will be able to obtain your Dad's funds after 40 days of his passing. If your Dad owned a home in California, you will need to use the regular probate procedure and go through the courts.

If you like, please contact me directly via email at [email protected]. I will be glad to assist you and give you our office phone number at that time. We would be glad to assist you during this tough time.

I hope this helps.

Re: father died, need help getting 401k, life ins., and checking account

If the total estate is less than $100,000, there are some short ways of having title changed to his accounts. If it is more, someone will need to open probate to administer the estate. I am in Northern California. Let me know if I can help.

Re: father died, need help getting 401k, life ins., and checking account

Jerry,,

I am sorry to hear of your father's passing and now of the additional troubles that his banking institutions are causing you. They don't tend to consider people's feelings or emothions when they act.

OK, here's what you need to do. Gather the total of your father's assets. The amounts still owed on things like his home are, unfortunately, irrelevant for this part. If the total value is over $100,000, then a Probate is REQUIRED unless he had a trust.

Our office specializes in Probate, so if you require assistance, we'd be happy to either handle the Probate for you, or just provide you with the guidance you need to complete it. Just don't try to do the entire thing yourself, it is a very complicated procedure and you really don't want to make any errors with it.

Please take a moment to learn a little more about Probate (and how to avoid it for yourself) on our firm's site at www.No-Probate.com.

Feel free to contact me through there or through the information provided by LawGuru for additional assistance.

Again, my condolances.

Regards,

Scott Linden

Re: father died, need help getting 401k, life ins., and checking account

You certainly need a legal representative here in California. Who is the executor if it is in probate? Call me directly at 16192223504.