Legal Question in Wills and Trusts in California
RE: Stock Transfer Without Will/Trust - Intestate
To clarify my previous post ...
Four years ago my grandmother passed away in California. A day before her death, she handed to my uncle (her son) several stock certificates and also handed to me (her grandson) several stock certificates. She was able to sign her name (though somewhat illegibly on some due to her weak state) on the back of all the certificates. So the back of the certificates are my name, address, and her signature.
When I visited a broker to transfer the certificates, they had provided me a stock transfer form for her to sign. Unfortunately given her condition, she was not able to complete the transfer forms before she passed away. And dealings with the uncle are not too friendly, so I do not know of the status of the shares he received.
I am now looking to transfer these certificates from her name to mine, but I don't know how best to do this (or where to start). As per a previous answer, because she signed them, they can be construed as a gift? But then how are transfers made if she is deceased?
1 Answer from Attorneys
Re: RE: Stock Transfer Without Will/Trust - Intestate
Is to be dependent upon a number of issues and facts. Imparted scenes somewhat trivial but the value of the stocks is somewhat important. Since she died sometime ago has a probate and started in with the stock certificates included in the probate. Did your Uncle know about them or was this "transfer" done with only your knowledge. If through certain procedures the estate is not transfer the stock to you in a current probate you would have to do numbers of things which you personally cannot do alone. You must, what part of must do to understand, get yourself an attorney who has expertise and experience in estate planning/probate. Numbers of procedures may be utilized a more likely than not with an uncooperative Uncle and this situation which no one other than your nose about, a court action must be taken. Hopefully that can be avoided surrealistically based upon the tenor of your question it may not.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.
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