How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask N Cal Attorney Your Own Question
N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9081
Experience:  since 1983
9653905
Type Your Family Law Question Here...
N Cal Attorney is online now
A new question is answered every 9 seconds

My daughter was married, has life insurance with husband as

Customer Question

My daughter was married, has life insurance with husband as beneficiary, has a will predates marriage, with me as executor, listing all assets etc to me, insurance to named beneficiaries, and total assets under 150k. County of residence is Sacramento, CA. Son in law is giving me POA to handle all issues regarding death and resolution of financial matters. Checking acct right of survivorship, with me as survivor. Do I need letter testamentary?
Submitted: 10 months ago.
Category: Family Law
Expert:  N Cal Attorney replied 10 months ago.

I'm sorry to hear this.

Have you filed her Will for probate?

Did she have a premarital agreement?

Does her husband want to claim a share of her estate?

Customer: replied 10 months ago.
her husband will get part of her estate....so, to be clear, anyone with a will must pay an outrageous fee for probate? Looking at the probate laws, it appeared as she had a spouse, there was not a need to file probate?
Customer: replied 10 months ago.
If you read my question: do I need to go to probate? Estate is under 150k, there is a spouse... Or do I just need a letter testamentary to process getting her insurance etc processed?
Expert:  N Cal Attorney replied 10 months ago.

California does require wills to be probated, but you can to this without an attorney if you get a copy of

How to Probate an Estate in California

which is probably available at your County Law Library.

If the estate is valued at $150,000 or less, you can avoid formal probate, see

http://www.courts.ca.gov/10440.htm for instructions on how to do that.

Please let me know if this does not answer your question prior to rating my answer.

I hope this information is helpful.