My 3 brothers and I just lost our mother unexpectedly to a heart attack. She had no will and her estate
is valued at less than $60,000. I spoke with my father, her ex-husband, who confirmed my mother's wishes that I, her oldest son, act on behalf of my brothers and speak for them as executor of her personal estate (includes no property), and in the final burial services for her. Her wishes were that her entire estate would be divided equally between the four sons, however, I have been advised that I must formally become the executor of her estate to access her small stock holdings and her bank account to settle up on any outstanding debts, and distribute any other belongings she had. I was told that I need to have my other brothers sign some statement or document agreeing with this and authorizing me to act as her executor
JA: Because laws vary from state to state, could you tell me what state is this in?
JA: Have you talked to a lawyer yet?
Customer: My father and I meet with a probate
lawyer next week, but he informed us that her estate is too small ($40-$50,000), so we will be completing a small estates affidavit, but apparently to move forward with some issues, I need some statement or form signed and notarized by my brothers to confirm that I am to act on their behalf. Is there some form that we all can sign and have notarized for this purpose?
JA: Anything else you think the lawyer should know?
Customer: No, other than we will probably have to settle up on any outstanding debts she might have had, however minor, or do credit card companies forgive this in the event of a death? All probably minor.
JA: What state is this in? And when did the issue begin?
Customer: California, she died August 22nd, of congestive heart failure, age 62.