Legal Question in Wills and Trusts in California
My mom passed away in June and her assets are less than 50,000, so I know I don't have to file Probate, but is there something I still have to file with the court? I am named the executor on the will, but there are 2 others listed as a beneficiary. Do I need letters of Testimentary? she owned a mobile home and I had to give it back because she owed more that it was worth, and I couldn't keep up on the payments. She has a car worth about $1000 and the items that were in her house, but not worth much. I just want to make sure I do everything correctly and legally. One of the beneficiaries will most likely be a problem.
Let me know if you can help me or steer me in the right direction
2 Answers from Attorneys
Check probate code section 13100 for the affidavit form, which all beneficiaries can sign and notarize to have their portions of your mother's assets turned over to them.
Who are in possession of the assests that are worth $ 50K? An affidavit is required to obtain possession from third parties. Contact me directly.
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