Legal Question in Wills and Trusts in California
my mother has passed away leaving no will and her bank closed her account and sent her a check for the remaining balance in her account. the check is in her name and i am her only heir. what can i do without taking it to court
Asked on 12/01/09, 1:08 pm
2 Answers from Attorneys
Michele Cusack
Pollak & Cusack
If your mother's estate is worth less than $100,000 you can submit a small estate affidavit (Probate Code Section 13100) to the bank, and ask them to reissue the check in your name.
Answered on 12/09/09, 8:02 am
I am sorry for your loss. As Ms. Cusack says the 13100 small estate affidavit should do the trick. Some banks even have the forms for you. If not, you can hire an attorney to prepare the documentation for you. The cost should be less than $1,000. Good luck to you.
Answered on 12/09/09, 8:47 am
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