Legal Question in Wills and Trusts in California

My mom passed away in November 2019. I recently got a letter stating she has won a wage/tax claim from her job. She didn't leave anything stating that I am next of kin she did however have me a co beneficiary for a life insurance she was paying. Which I already got the check from that. The lawyer that is handling her claim said I need to get court documents in order to get her claim check. How do I go about getting the correct papers to file for court stating I am entitled to the claim? Thank you for your time.


Asked on 11/04/20, 12:19 pm

1 Answer from Attorneys
Michele Cusack Pollak & Cusack

Do you know how much she was awarded for the wage claim? If she was a CA resident at time of death and it is no more than $166,250, you should be able to claim it with a small estate affidavit (Probate Code Section 13100.) If it is more than that, you will have to file a Petition for Probate (and several other documents) in the Superior Court of the county in which she resided. You can get more information on the court's website.

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Answered on 11/05/20, 11:46 am


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