Legal Question in Wills and Trusts in California

settlement to deceased person

my mother died 4 years ago

since then i received a settlement

check made out to ''the estate of''.

i never opened a bank account at the

time of her death since there were no

funds to do so. how do i process this

check and disburse the funds to her

heir, namely me.


Asked on 7/31/07, 1:17 pm

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: settlement to deceased person

You have to open a probate. Depending on the amount of the check, in california you may be able to do so without filing, but by affidavit. Consult a lawyer for assistence.

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Answered on 7/31/07, 5:10 pm
John D. Williams Law Offices of John D. Williams

Re: settlement to deceased person

You have to open a probate. If the estate is less than $100,000, you can do it by affidavit and avoid probate.

If would like a free initial consulation, please telephone me. I have over 25 years experience in probate administration.

Good luck and thank you for your inquiry.

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Answered on 7/31/07, 5:27 pm


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