Legal Question in Wills and Trusts in California

Re: Small Estates Affidavit

Call OPN and ask them which state you want the affidavit sent to and then it to both states. You will be lucky if OPM does what they say they will do but I want to give you a good warning. TREAT THEM NICE, TREAT THEM COOL, YOU NEVER KNOW WHAT THEY WILL DO! I mean it. They are government and they can mess you up. Do not get angry with them or you will have a whole army of brainless bureaucrats on your back making your life miserable.

Re: Small Estates Affidavit

Since uncle was a resident of California this may be the place of jurisdiction. I assume all other assets were in the trust and that probate will be avoided. If this asset is over $100k it may be susceptable to probate. You can try and keep it but if other prospective beneficiaries contest this it could be held up in court with you being ordered to disgorge from it until it is settled. If there is no pay on death beneficiary stated in the pension then it can only be believed that he wanted all of his potential beneficiaries to share in it otherwise he would have placed it in the trust and named someone specific. I think you should file in California and distribute equally to avoid hassles.

Re: Small Estates Affidavit

It sounds as if your uncle did not name a beneficiary to his retirement plan, therefore, it goes into the estate and passes under his will. If he lived in CA, you might need to file a small probate in CA and therefore you would need a CA attorney. HOwever, before you do that, see if you could speak with an attorney at the pension office and discuss this with them: do they want to see a California probate, or would a simple affidavit do the trick? And if they tell you an affidavit, see whether you could get them to tell you exactly what they want in the affidavit, otherwise, you will need an attorney.

Re: Small Estates Affidavit

Because he was a California resident, the California affidavit would apply. Hiring an attorney would be easier, but if you're adventurous, the procedure is covered in California Probate Code sections 13100 to 13115.