Legal Question in Wills and Trusts in California
I'm named as executor of my dad's trust, he died 5 years ago. I'm notified B of A has an account that has approx 2k in it. I go to B of A to close the account. They want court docs appointing me as executor, and notarized letter of instruction because the account is in his name and not the trust's name. I have a schedule A in the stack of trust papers that says that B of A bank accounts are considered 'transferred into the trust'. But it's not dated or notarized. What do I do?
2 Answers from Attorneys
Seek probate counsel. If you are talking about $2,000 you may be able to use a small estates affidavit. If you are referring to $200,000, you may need a Heggstadt petition to gain access. By the way, a trust has a trustee, a probate administration has an executor. There is no such thing as an executor of the trust.
For anyone to give you a definitive answer, it would be necessary to see the documents involved.
Since they want court docs, the account isn't in the trust. It's in your father's name alone. You need a small estate declaration under Probate Code section 13101 to collect the account (either that or file for probate, which you don't want to do). Google the code section for the affidavit form, which you have to sign before a Notary Public, or see a lawyer with an account statement and your father's death certificate.
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