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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37058
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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I need to know what is the process my Aunts bank accounts

Customer Question

I need to know what is the process for having my Aunts bank accounts turned over to me since her death.
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm very sorry for your loss. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Would you say the total value of your aunt's estate is more than, or less than, $150,000?

2. Are you her next of kin, or does she have a living spouse, child, parent or sibling?

Doug

Expert:  LawTalk replied 1 year ago.

I've not heard back from you. Do you still need help?

Doug

Customer: replied 1 year ago.
Thank you.
Including the house its aprox 300K, just the bank accounts are aprox 53K
She has a sister(my mom) but she made sure that everyone in the family know I was to be in charge of the estate.
My mother know this as well.
Expert:  LawTalk replied 1 year ago.

1. Is the house in CA?

2. Is the house co-owned by anyone?

Doug

Customer: replied 1 year ago.
The house is in CA.
No other names on the house. It's paid off.
Expert:  LawTalk replied 1 year ago.

Hi,

Thanks for the information.

Because the value of the estate exceeds $150,000 there is no simplified way to get at the assets of the bank accounts. A Probate action must be filed in CA Superior Court in the county where your Aunt resided at her death.

You can hire a probate attorney---who will be paid by the estate---and seek to be appointed as the Administrator of the estate. With the Letters Rogatory you receive from the court you can access the bank accounts and prepare the estate for distribution.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Customer: replied 1 year ago.
Can I file the paperwork without an attorney? If so what paperwork do I file?
Expert:  LawTalk replied 1 year ago.

Hi,

By way of explanation, I am an attorney, and I was appointed as an Administrator of an estate 2 years ago, and because I am not a true specialist in Probate law, even I hired an attorney for the estate. As I said, the cost of the attorney is paid by the estate and is really not all that expensive. The estate I handled was worth almost 2 million dollars and the legal fees were under $20,000.

But realistically, no, this is not something that you can do. The process is heavy on court documents and time limitations and very complex. Your job as Administrator will be taxing and time consuming enough, I assure you.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

You may of course reply back to me and I will be happy to continue to assist you further.

I wish you well,

Doug

Customer: replied 1 year ago.
Thank you
Expert:  LawTalk replied 1 year ago.

Good morning,

Thank you for your kind words. They are appreciated.

Please understand that in order for me to be compensated for having helped you, I need for you to positively rate my service to you by clicking on the rating stars---three stars or more. It is that easy.

Thanks in advance.

I wish you the best,

Doug