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My uncle passed away leaving no will beneficiary or executor…

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my uncle passed away leaving...
my uncle passed away leaving no will beneficiary or executor to his estate .. He had no
land just house hold belongings and 2 vehicle .. He has no parents no wife or children.
He has bank accounts in 2 different banks .. I called both banks looking for a will ..They asked who I was name address and phone number I gave them all information them they sent me paper work to fill out for executor to his estate witch I did ..One bank has released
the funds to me and I'm waiting for the next bank to do the same .. I told the bank that he had a brother in a different state and they said it didn't matter first person who claims the money gets the money .. Could there be any problems in the future with claims to my uncles money from his brother ?
Submitted: 2 years ago.Category: Estate Law
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1/31/2016
Estate Lawyer: Christopher B, Esq, Attorney replied 2 years ago
Christopher B, Esq
Category: Estate Law
Satisfied Customers: 4,174
Experience: Litigation Attorney with education focus on estate planning and tax
Verified

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

As you have petitioned to be the executor, it is now your responsibility to distribute the assets, pay creditors, etc. for the estate. With no will, the estate will pass according to intestate succession (California state law). With no parents, wife or children, California law states that everything shall pass to the siblings. So yes, his brother should receive all the estate according to California law. The bank has no power to decide who gets what asset only internal rules on who they can release to (the executor). Depending on the size of the estate, you have the option to file a full probate or a small estate affidavit (worth $150,000 or less). See link for California forms and instructions: http://www.courts.ca.gov/10440.htm This option is much quicker and with less judicial intervention.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site.

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Estate Lawyer: Christopher B, Esq, Attorney replied 2 years ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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