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 Amber E. Your Own Question

Amber E.
Amber E., Attorney
Category: Legal
Satisfied Customers: 1426
Experience:  Experienced practitioner in areas of Divorce, Custody, Social Security, and Contract disputes.
17831645
Type Your Legal Question Here...
Amber E. is online now
A new question is answered every 9 seconds

my name is XXXXX XXXXX grandmother past away about a year

Resolved Question:

my name is XXXXX XXXXX grandmother past away about a year ago.she didnt have a will for her estate.at the time of her death,i wasnt around ,so i didnt know she died.the deputy administrator for san diego had got a hold of me and let me know she took care of everything.they gave me a check for my grand mothers estate.then i got a letter in the mail from prudential life insurance about a policy that she had.i sent them all the paper work they asked for .then they told me that they couldnt give me anything until i got a affidavit from the judge stating that i was the next closet heirer,to recieve the policy.i just dont know how to see a judge to have him do that and i dont know what papers i need to have to give to him .please help me?
Submitted: 1 year ago.
Category: Legal
Expert:  Amber E. replied 1 year ago.
It is interesting that they would say they need an affidavit from a judge. Ordinarily, if an estate is worth $150,000 or less, life insurance, retirement benefits, and the like can be transferred by affidavit signed by a notary. The court's self help center may have a guide or form for you for this, but if not the California self help site does as well, and I have provided the web address below. It is a great place to begin, especially if you are not familiar with how the estate transfer process works in California.

http://www.courts.ca.gov/10440.htm

Now, if the amount is in excess of $150,000, then a Petition for Probate - or, more specifically, a Petition for Letters of Administration, as there is no will, may have to be filed. This is also discussed in detail on the above site and forms can be found there. The administrator, appointed by the court, acts as a sort of personal representative of the estate to collect the deceased person's assets, which would include benefits such as those you describe, and distributes them to the heirs.

The probate process is quite complicated and more costly compared to the affidavit process, and what the insurance company told you doesn't really make sense in the context of California law. With that being the case, it might be a good idea to contact the insurer to get something in writing that explains what they are asking for and then take it to a local wills and estate attorney who can review the paperwork and help you decide which process will be required. You would also be better able to determine whether you would prefer to handle it all on your own or retain the attorney for full representation. Though the site above provides detailed instructions a to how to proceed, it can still be a complicated process when substantial amounts of money are at issue, and so it is generally recommended that an attorney be retained to assist when probate is required.
Amber E., Attorney
Category: Legal
Satisfied Customers: 1426
Experience: Experienced practitioner in areas of Divorce, Custody, Social Security, and Contract disputes.
Amber E. and 4 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

They are now saying he has to be add to a well but do not know how we go about this???

Expert:  Amber E. replied 1 year ago.
Could you explain a little more - who is saying he has to be added, who is the "he" they are saying has to be added, and what is it they want him to be added to? Thank you.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions