Legal Question in Wills and Trusts in California

I am sorry for your loss.

If a trust was set up correctly, you should be able to obtain the funds with a Certification of Trust, showing you as trustee. If that does not work, a small estate affidavit can be filed which should also work.

Please feel free to call me to discuss. My telephone number is (925) 362-1725.

I agree with Mr. Jordan. I suggest you speak to a competent probate attorney near you to make sure that the trust was properly set up.

Sometimes bank staff are shortchanged when it comes to getting adequate training. In my experience, people in your situation are not always given the correct advice. If Mum's trust is valid (I shall assume it is), take the certification of trust (if your Mom's attorney created one for her), and, to be on the safe side, a photocopy of the pages of the trust showing that she created it, that you are named successor trustee, and the pages that spell out the trustee's rights and powers, to the bank. Bring a certified copy of Mum's death certificate, and of course your own ID, and speak directly with the branch manager. As trustee, you are entitled to and in fact are responsible for managing Mum's assets following her death. If the bank is still resistant, ask for the bank's form Declaration under Probate Code 13101. You should not need it, but some bankers are skittish and it's easier to get their cooperation by going along...then by going to court.

If you continue to have a problem, feel free to call me at 323.653.3900 ext 115.

Just re-read your question and noticed you are speaking of securities and annuities. Check to find out whether Mum listed a death beneficiary for these accounts. If she did, then only the beneficiary, hopefully you, are entitled to distribution, without having to deal with the trust or the will.

If you are listed as death beneficiary, just bring your ID and a copy of Mum's death certificate. You should not need anything else. Contact the brokerage company and the insurance company that holds the annuity directly, not the bank.

If you have some of your mom's papers but don't see a page listing a death beneficiary, contact the brokerage and the insurance company holding the annuity and ask whether a death beneficiary is listed. If you are named as the one, they might or might not tell you, but you should try this route anyway.

best,

Roberta Avrutin, 323.653.3900 ext 115