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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 2580
Experience:  Helping you with your legal questions.
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My mother passed away recently. She had a small final expense

Customer Question

My mother passed away recently. She had a small final expense policy. The insurance company made the check out to her estate since the beneficiary, her husband, had passed 5 years ago. She does not have a will, trust or estate set up. The bank will not accept the check without an estate account. I am in the state of California. What is the least expensive way this can be resolved?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Damien Bosco replied 2 years ago.
You would file a small estate affidavit. Here is a link that shows you how to do it:http://www.howtoprobate.com/probate/do-i-need-probate/small-estate-affidavit/
Customer: replied 2 years ago.
I tried that form and the bank would not accept it. They said a court would have to appoint a person such as myself in charge of her affairs.
Expert:  Damien Bosco replied 2 years ago.
Yes. That is true. You would have to have the court appoint you or someone as the personal representative of the estate. You would file the forms with the probate court. It is a small estate affidavit so there is not a lot of paper work and you should get the court letters quickly. You should call the administrative court clerk or go down to court to get the papers. The link I provided you is an example of the papers. This is the only way you can handle it. Yes, there is some paper work and filing. There is no way around it.
Customer: replied 2 years ago.
Could you please provide more detailed guidance
Expert:  Damien Bosco replied 2 years ago.
I am not sure what more I can do. I already provided you the all the information to start the process. They only thing more is to start doing it: Call the court clerk. Make sure they do not have proprietary forms. Complete the papers and file them.
Customer: replied 2 years ago.
Make sure who does not have proprietary forms? What exactly is a proprietary form?
Expert:  Damien Bosco replied 2 years ago.
Sometimes each court has its own forms instead of state wide forms but not always.
Customer: replied 2 years ago.
Oh.. well i really am in the same position i was in when I started. Can't say money well spent.
Expert:  Damien Bosco replied 2 years ago.
You did not spend any money. It is held in reserve for you.

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