Legal Question in Wills and Trusts in California

Re: Filing Will and Affidavit

Technically you are liable for liabilities to the extent you receive assets so be careful with this! The insurance, if there was no beneficiary form, is asking for a "small estate affidavit." I would imagine a lawyer in your area would prepare it for $150-200. It's a good idea to "lodge" the original will with your local probate court (assuming you have the original signed document and not a copy) and that does not cost anything. Good luck!!! -JBP

Re: Filing Will and Affidavit

If she died a resident of California, the ca law applies, are you sure the insurance policy is part of estate, usualy not, better see a Calif. lawyer, or your Il. Lawyer to get a good reference.

Re: Filing Will and Affidavit

If there estate is valued under $100k, a probate is not necessary. The Insurance company probably asked you for an affidavit of small estate. If there are a lot of creditors, you may want to use the probate process to eliminate a few, who may miss the 4 month deadline for creditors.

If you need an Affidavid of Small Estate prepared, please email me or fax.

My email is [email protected], and my fax is

818-340-4479.

Regards,

Mina Sirkin, Esq.

Certified Specialist, Estate Planning, Probate and Trust Law, State Bar of California, Board of Specialization