Legal Question in Wills and Trusts in California
simple probate and settlement in california
San Lorenzo (CA). Viewed 4 times. Posted about 1 hour ago in Probate. Flag this as objectionable
My son was 19 with no will and was killed in a motorcycle accident, there is no will so we will file for Ca. simple probate. I should be apointed executer within 50 daysHis estate was worth near nothing but most of his medical will be covered by my wifes medical insurance. However numerous other debts, like funeral etc are not covered.
Since the other party is at fault and has bodily injury coverage of up to $100,000 and will probably pay out or offer settlement.
My question is - If the other drivers insurance pays and wants to send a check, should it be made out to his estate or should it be made out to me as executer? What is the best way to protect the settlement so that my wife and I can insure it will cover debts first and will not complicate the simple estate summary probate in California?
2 Answers from Attorneys
Re: simple probate and settlement in California
First, I am sorry to hear about the loss of your son. He's in my thoughts and prayers as I write this response.
Before going on, you should discuss this issue with your probate attorney. Assuming you don't have a probate attorney, then you might to contact the IRS for a taxpayer identification number and then open bank accounts in the name of the estate. The check should be payable to the estate. After you receive your letters you can sign and deposit the check into a checking account. You'll be able to pay the bills from that account as well. Keep a "penny accurate" accounting of all your activities.
Re: simple probate and settlement in california
you will only be able to use the affidavit procedure for small estates if the gross value (before payment of any debts or claims) of your son's estate is $100,000 or less. if it exceeds this amount, probate will be required.
in addition, you should be considering a wrongful death action against the person at fault in the accident (who likely has personal liability above the insurance limit).
i recommend that you retain a qualified attorney in the county in which your son resided to provide advise and prepare any necessary probate petitions or civil complaints.
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