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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 4692
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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How do we get I formation about my younger brothers assets?

Resolved Question:

How do we get I formation about my younger brother's assets? He died in February without a will and was a California resident. His significant other won't give us information. Can we sue to get it? Or should we spend the money for becoming a voluntary administrator? An attourney contacted the Bak of America and was told he had accounts there that were blocked presumably because the attourney sent a letter, but we don't know the amount.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.

It will probably be necessary to open your brother's estate in CA. just to find out about the bank accounts, pay any debts and distribute the remaining money to the heirs. You might be able to convert the process to a small estate proceeding, but you first have to find out what is actually there. It's too bad that the friend won't at least forward his bank statements so you see what's what. Perhaps a deal can be made there.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

Customer: replied 1 year ago.
What is the cheapest way to proceed? Could we sue the friend for not providing information? Could we first open a small estate process and then change if the estate is larger? Is it costly to open the estate process as small and then change?
Expert:  Irwin Law replied 1 year ago.

Hello. I can't tell you costs of anything in CA, except to say that filing a lawsuit is very expensive and the friend has no legal duty to provide you information. CA small estate proceeding is basically just an affidavit and it applies to estates with less than $150,000. See this for general information. It is not a recommendation: http://www.ca-trusts.com/smallestates.html Perhaps you can get the bank to at least disclose the accounts based on the affidavit. An attorney in CA might be needed to get this done, for a few hundred dollars. There are any number of forms for the affidavit that you can buy cheaply on line. Good luck.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 4692
Experience: 30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
Irwin Law and 2 other Estate Law Specialists are ready to help you

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