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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41035
Experience:  Texas lawyer for 30 years in Estate law
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My mother passed away in January of 2015, and had a living

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My mother passed away in January of 2015, and had a living trust where myself and brothers were listed as both co-trustees and beneficiaries. She also left a will indicating that ALL her personal and real property (there was no real property) would be left to the trust. She had one account that was not in the "trusts" name, issued only under her name and no beneficiaries were listed. When I advised the bank that my mother had passed, they froze the account and said they needed the document naming us as executors from the probate court. Because there was no probate, we sent a small estate affidavit to received the funds. Meanwhile, set up a trust account for the other funds with its own tax id. They accepted the small estate affidavit, but issued the check to "the estate" of my mother and listing myself and 3 siblings as co executors. The bank will not accept this check to deposit into the trust account and "Prudential" (company who issued the check) will not reissue the check. I am not sure how to proceed.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
I would try another affidavit here to the bank along with all of you going to set up an account.You will need a separate EIN number for the Estate of.......You would take the EIN number with you.The bank may want all of you on the account and you all likely have to sign the check.
I have had similar situations where I finessed my local credit union to allow me to deposit the check, regardless of the legalities involved.If you or your siblings have such a local credit union you can try there.
As a last resort you would have to file a DE-11 here and open probate.You would have to weigh the filing fee against the amount of the funds.
Here is the affidavit and self help and then the DE-111 as a last resort.
http://saclaw.org/wp-content/uploads/2015/01/form-affidavit-for-collection-of-personal-property.pdf
Self help to go with his to walk you through it.
http://www.courts.ca.gov/10440.htm
If you have to make regular application for probate you use a DE-111.This is something you have to file , they post a notice and you go to see the Superior Court Judge and get appointed by the court.You get letters testamentary or of administration which is what they are seeking here.It will cost you several hundred dollars in filing fees so trying the affidavit is way cheaper and faster.
DE-111
http://www.courts.ca.gov/documents/de111.pdf
http://www.courts.ca.gov/documents/de111.pdf
Step by Step
http://www.alameda.courts.ca.gov/Pages.aspx/Preparing-the-Petition
I appreciate the chance to help you today.Please let me know if you have m ore follow up.Thanks again.