Estate Law Questions? Ask an Estate Lawyer.
Hi; My goal is to provide you with great service - if you have any questions during our chat, please ask! I'll do my best to ensure your satisfaction! Banks are unfortunately notorious for doing this. Here is an official form that may held expedite this: http://www.sco.ca.gov/Files-UPD/form_claim_declaration_english.pdf Also, if you show them a copy of this statute (PC 13105) accessible in a moment via a link, they should comply, as failure to do so can result in them paying your attorney fees. 13105. (a) If the requirements of Sections 13100 to 13104, inclusive, are satisfied: (1) The person or persons executing the affidavit or declaration as successor of the decedent are entitled to have the property described in the affidavit or declaration paid, delivered, or transferred to them. (2) A transfer agent of a security described in the affidavit or declaration shall change the registered ownership on the books of the corporation from the decedent to the person or persons executing the affidavit or declaration as successor of the decedent. (b) If the holder of the decedent's property refuses to pay, deliver, or transfer any personal property or evidence thereof to the successor of the decedent within a reasonable time, the successor may recover the property or compel its payment, delivery, or transfer in an action brought for that purpose against the holder of the property. If an action is brought against the holder under this section, the court shall award reasonable attorney's fees to the person or persons bringing the action if the court finds that the holder of the decedent's property acted unreasonably in refusing to pay, deliver, or transfer the property to them as required by subdivision (a).
It is my experience that once they see that statute ,the problem is solved so to speak and access is given.
Thank you for your help. I already presented that form 13101-13106 and had it notarized to the bank and they refused to honor it. I will try to show them the that they will be monetarily responsible if they don't honor it. There such hard asses. Hope this makes them do something. I'm so tired of this. Roger
It is really unfortunate as it is not uncommon. However, that statute usually gets them to see reason. It would be nice, as a courtesy to their customers, if they would get up to date on legal requirements so people who are having to deal with probate don't have to deal with this on top of it. You are welcome, and best wishes to you.
Everything worked out and armed with your information I was able to access my Mother's Safe Deposit Box. Thank You for your Help. Roger
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).