Legal Question in Wills and Trusts in California

Trust and/or Declaration 13100

I'm the beneficiary of my step-mothers trust. There is an insurance policy worth about 6,000.00 and a home worth about 300,000.00. I have already transfered title to the property with no problem. The insurance Co. wants a 13100 declaration to pay death benefits or they say I have to open a probate. The 13100 states that if the estate is worth more than 100,000.00 I can not use it. In California if there is a home more than likely it is going to be worth more than 100,000.00. I don't want to just let the insurance co. have the money but 6,000.00 is not worth doing a probate either. Is there anything I can do to solve this dilema? Any suggestions will be greatly appreciated!


Asked on 7/26/02, 8:40 pm

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Trust and/or Declaration 13100

The $100,000 limitation refers to the size of the probate estate--in this case that appears to be only the life insurance policy, as the home was in the trust. Thus, you are allowed to use the 13100 declaration instead of probate.

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Answered on 7/29/02, 11:48 pm
Mina Sirkin Sirkin & Sirkin

Re: Trust and/or Declaration 13100

I have collected several insurance policies for clients in your situation. I will be happy to do represent you and collect the policy for you from the insurance company. Please email me if you need further help.

Mina Sirkin, Esq.

Certified Specialist, Estate Planning, Probate and Trust Law, State Bar of California, Board of Legal Specialization

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Answered on 7/27/02, 6:31 am


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