Legal Question in Wills and Trusts in California

Request for a Social Security Number

My Step-Father recently passed away. My Step-Brother was his caregiver and in charge of his estate. I have not been told officially that I was left anything, but my Step-Brother called and asked for my Social Secuity number claiming that the ''bank'' will not give out any ''forms'' without it. I thought that in the revealing of an estate, members were called by an attorney and anything ''given' was read to all parties at this time. Is this proper to ask for my SS number this way?


Asked on 7/25/08, 8:54 pm

2 Answers from Attorneys

Janet Brewer Law Office of Janet L. Brewer

Re: Request for a Social Security Number

It sounds like this might be a small estates situation - if your stepfather's estate was worth less than $100,000 it is possible to avoid probate by submitting a small estates affidavit to the financial institutions where he had accounts. It's possible that the bank might want your social security number before releasing any money.

If it is a small estate situation, though, I'd suggest telling your step brother that you want to deal with the bank directly (by yourself). That way, you don't need to give your SS# to him (just to the bank).

In California, by the way, we don't "read" the decedent's will, so the attorney would not call you. However, if your step father did leave a will, it is supposed to be "lodged" in the probate court in the county where he resided. You can either go down to the probate court and request a copy or write to the court and ask them to send you a copy (enclose a self-addressed stamped envelope or you'll never get a reply!). In some counties, you can also search on line at the county court's website.

This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.

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Answered on 7/27/08, 1:46 am
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Request for a Social Security Number

You need to get more detailed information before giving up your ssn. Ask for a copy of the will or trust, or both. Get details. What type of bank forms is he talking about? Why are they needed?

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Answered on 7/26/08, 2:09 pm


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