Legal Question in Wills and Trusts in California

Obtaining executorship

My mother died and we can not find

her will, I am the only child. I am the

only heir to her estate, do I need an

attorney to settle my mom's affair?

She has no real estate, $8,000 in a

bank account and $15,000 in a

pension investment account.

Do you know what taxes I will be

required to pay on $23,000 if not

could you tell me where can I find

that information.

Being the only heir how much time

does it take to get the neccessary

authorization from the courts

providing no unexpected problems,

to obtain access to my mothers

assets (to help pay for her funeral

cost)

Thank You


Asked on 10/31/08, 2:22 pm

2 Answers from Attorneys

Todd Stevenson Stevenson Law Office

Re: Obtaining executorship

You can probably settle the estate outside of court using what is called a small estate administration affidavit procedure.

My office assists clients with this process and I would be happy to speak further with you about this matter.

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Answered on 11/01/08, 2:26 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Obtaining executorship

You may have to open a summary probate to gain access to the assets. You might want to check with the bank to determine if you were named the beneficiary on any of those accounts.

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Answered on 10/31/08, 2:26 pm


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