Legal Question in Wills and Trusts in California
My husband passed away 1 11 2012. he put a bank account in a business account. It was not a corporation. he was the owner which produced not any income. He did not put my name on the account or did he have a beneficiary.I was told to wait 41 days now the bank says I have to become a consurvetory .How do I do that?
3 Answers from Attorneys
The bank is wrong. Conservatorships, while handled in probate court and governed by the probate code, are for the living.
You will have to probate the matter. You will need to speak to a lawyer, or repost with more facts such as whether there is a will, no will, a trust, a will and a trust, and how much money is at issue.
I am sorry for your loss.
Mr. Roach is correct. If the value of the account is less than $100,000, you may be able to do a "short probate". If over, you will need to file for probate in your county and be named administrator.
A small estate affidavit under probate code section 13100 should be all that is needed so long as your husband's estate is less than $150,000.00.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
