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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 46171
Experience:  29 years of experience practicing law, including tax and estate planning.
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My husband Rick died May 9 2013. The problem is the checking

Customer Question

My husband Rick died May 9 2013.
The problem is the checking account is over $150,000 limit. Bank of America needs a letter of Testamentary before they will release the funds.
No creditors-Paid
No property-Transferred to Surviving Spouse, Karen.
Do I will need to go through probate?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.


Good morning. Unfortunately, since the amount is over $150,000, California law requires you to file a petition with the probate court to be appointed the executor of your husband's estate. Upon that appointment, the court will issue the Letters Testamentary that you can then provide the bank to access the funds.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you filing the probate petition was not necessary, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!



Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Richard, Attorney
Category: Estate Law
Satisfied Customers: 46171
Experience: 29 years of experience practicing law, including tax and estate planning.
Richard and 7 other Estate Law Specialists are ready to help you
Expert:  Richard replied 1 year ago.
Thanks so much for the positive rating and bonus! I appreciate your kindness and the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/

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