Legal Question in Wills and Trusts in California
My father passed away with no will. He had a life ins. policy and listed my sister as the beneficiary. He also had a pension, but listed no beneficiary. I was told that this will go to his estate and that I have to get a tax id and EIN in order to get the pension. There was never an estate opened, there has been no probate. My sister has basically made herself the administrator, not the courts. She has paid certain bills, not all. She has closed his bank account and cashed his last paycheck. All money has gone to her. I have had one collection agency contact me regarding one of his credit card bills that was not paid. My question is where do I go from here? What happens when we open an estate after some of his money has already been spent? Who is in charge of opening the estate? Do we need to go through the courts for anything? What about a lawyer?
Thank you for your time.
4 Answers from Attorneys
If your father had no will then you need to open an intestate probate and ask that you be appointed as administrator of his estate. Everything that did not have a beneficiary designation, such as the pension belongs to the Estate. Whoever is appointed administrator would, among other things, have the right to seek to recover any monies that were taken by your sister. There are a number of important considerations respecting how and when to proceed and you should definitely consult with an attorney.
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Sounds like it's time for you to talk to a probate attorney. Depending on the amount of assets ($100,000 is the typical threshold) a full probate may, or may not, be needed. If I were you I would strongly consider becomming the Administrator as that will put you in the driver's seat! Call me to discuss your case. -John
You need to hire an attorney to initiate probate proceedings.
Best,
Daniel Bakondi, Esq. [email protected] 415-450-0424
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you will need to retain a qualified attorney to file a petition for probate.
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