Legal Question in Wills and Trusts in California

My father passed away Jan 2009 in Los Angeles County. He had almost no money. I have a check from his 401-K in the amount of $1,066. It is made out to his estate. I am wondering how I can cash this so I can pass the funds onto my 2 brothers, we are his only children and he had no wife. Because he did not list us as beneficiaries on his 401-K account, they will not reissue the check to me and my brothers, just to his estate. We do not have a bank account for his estate either. The only money he had was a total of $4,133 which included this check, 2008 tax refund, and some disability money he received just prior to his death. I am at a loss and do not know what I should do? Should I contact an attorney to help me? Or is there some sort of forms we can fill out to get this taken care of? I live in Nebraska currently and am not in California. Thank you!


Asked on 1/23/10, 5:44 pm

1 Answer from Attorneys
James Bame San Diego Law Office

With a certified copy of the death certificate and a declaration in compliance with the probate code to the effect that his estate is unde $ 150K and that you are his hier, then the funds may be transfered to you that are held in California. Contact me directly for preparation of the declaration and to facilitate the transfer.

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Answered on 1/29/10, 9:19 am


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