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My daughter was married, has life insurance with husband as…

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My daughter was married, has...
My daughter was married, has life insurance with husband as beneficiary, has a will predates marriage, with me as executor, listing all assets etc to me, insurance to named beneficiaries, and total assets under 150k. County of residence is Sacramento, CA. Son in law is giving me POA to handle all issues regarding death and resolution of financial matters. Checking acct right of survivorship, with me as survivor. Do I need letter testamentary?
Submitted: 2 years ago.Category: Family Law
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Answered in 1 hour by:
1/26/2016
Family Lawyer: N Cal Attorney, Attorney replied 2 years ago
N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9,883
Experience: since 1983
Verified

I'm sorry to hear this.

Have you filed her Will for probate?

Did she have a premarital agreement?

Does her husband want to claim a share of her estate?

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Customer reply replied 2 years ago
her husband will get part of her estate....so, to be clear, anyone with a will must pay an outrageous fee for probate? Looking at the probate laws, it appeared as she had a spouse, there was not a need to file probate?
Customer reply replied 2 years ago
If you read my question: do I need to go to probate? Estate is under 150k, there is a spouse... Or do I just need a letter testamentary to process getting her insurance etc processed?
Family Lawyer: N Cal Attorney, Attorney replied 2 years ago

California does require wills to be probated, but you can to this without an attorney if you get a copy of

How to Probate an Estate in California

which is probably available at your County Law Library.

If the estate is valued at $150,000 or less, you can avoid formal probate, see

http://www.courts.ca.gov/10440.htm for instructions on how to do that.

Please let me know if this does not answer your question prior to rating my answer.

I hope this information is helpful.

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Family Lawyer: N Cal Attorney, Attorney replied 2 years ago
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