Legal Question in Wills and Trusts in California
My husband is a trustee of a trust of a man that passed away in July 2009. The gentleman was a retired Postal Worker. We notified them of his death. He had no living relatives. We are the ones that took car of him. We filled out the required paperwork, sent along a copy of the trust and the last will land testament. There is a small life insurance policy to be paid out, but because he did not specify the trust as his beneficiary they need a copy of the court appointment papers naming a personal representative for the estate. The cannon process payment to the person representative unless the Will is probated. Is it worth us to open a formal small estate proceeding. please advise. Thank you
2 Answers from Attorneys
We can usually clear up something like that for $1,000 as usually we can show the holder of the money that probate Court is not required by LAW. Call me if you want to discuss your case. -John
You should avoid probate if the estate is under $ 100K and if you are the beneficiaries. Contact me directly.
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