Legal Question in Wills and Trusts in California
How can I obtain an estate for my child who was unable to comprehend before her
My daughter recently passed away. She was in a near drowning accident when she was three that left her with the mental capacity of a nine month old. I purased an annuity policy for her twenty years ago and now I need to have it switched over to a new payee, however I am being told that I need to establish an estate in order to do so. How can I do this if she is already deceased and if she was never of sound mind to do so herself?
2 Answers from Attorneys
Re: How can I obtain an estate for my child who was unable to comprehend before
Thank you for your inquiry. It sounds as though you are being instructed to open a probate estate, so that your daughter's claims, assets, and debts, if any, can be administered. Because a probate estate is done after death, mental capacity is not an issue.
You will need to get a copy of the death certificate, and file a probate petition. I highly recommend that you get an attorney to assist you, and if you would like more information, please feel free to contact me at [email protected].
Re: How can I obtain an estate for my child who was unable to comprehend before
Hello:
The annuity can be collected by probating the estate, or if the value of the annuity is less than $100k, it can be collected by affidavit.
The issues of incapacity do not impact the probate of her estate.
I will be happy to help you with either the petition for probate, or the affidavit.
Mina Sirkin
Certified Specialist in Estate Planning, Probate
and Trust Law, State Bar of California Board of
Legal Specialization
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