Legal Question in Wills and Trusts in California
Living trust after death
Grandpa passed left living will. bank accounts listed in trust but not at bank. bank will not transfer asset, what do I do
3 Answers from Attorneys
Re: Living trust after death
Quite simple really. If under $100,000 in total you would use small estate affidavits (Probate Code 13100). If more than $100,000 then you can probably do a Heggstad petition (PC 17200). The first is pretty easy and forms can probably be found on the net somewhere. The second is pretty technical and involves a petition to the probate Court to retroactivly put the assets into the trust. It is NOT a full probate but more of a mini probate. I recommend hiring a qualified probate attorney... in particular for the second one. I do probates throughout California if you would like to discuss your case. -John
Re: Living trust after death
File a Heggstad Petition.
Re: Living trust after death
Living will has nothing to do with "after death". Assets not in the name of the trust, are not in the trust and must pass through a probate, or if appropriate and simplified probate proceeding or technique.
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