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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2677
Experience:  Litigation Attorney with education focus on estate planning and tax
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My uncle passed away leaving no will beneficiary or executor

Customer Question

my uncle passed away leaving no will beneficiary or executor to his estate .. He had no
land just house hold belongings and 2 vehicle .. He has no parents no wife or children.
He has bank accounts in 2 different banks .. I called both banks looking for a will ..They asked who I was name address and phone number I gave them all information them they sent me paper work to fill out for executor to his estate witch I did ..One bank has released
the funds to me and I'm waiting for the next bank to do the same .. I told the bank that he had a brother in a different state and they said it didn't matter first person who claims the money gets the money .. Could there be any problems in the future with claims to my uncles money from his brother ?
Submitted: 10 months ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 10 months ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

As you have petitioned to be the executor, it is now your responsibility to distribute the assets, pay creditors, etc. for the estate. With no will, the estate will pass according to intestate succession (California state law). With no parents, wife or children, California law states that everything shall pass to the siblings. So yes, his brother should receive all the estate according to California law. The bank has no power to decide who gets what asset only internal rules on who they can release to (the executor). Depending on the size of the estate, you have the option to file a full probate or a small estate affidavit (worth $150,000 or less). See link for California forms and instructions: http://www.courts.ca.gov/10440.htm This option is much quicker and with less judicial intervention.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site.

Expert:  Christopher B, Esq replied 10 months ago.

Just checking back in, did you have any further questions?

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