Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I need to know what is the process my Aunts bank accounts…

Customer Question
I need to know what...
I need to know what is the process for having my Aunts bank accounts turned over to me since her death.
Submitted: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 2 minutes by:
1/20/2016
Lawyer: LawTalk, Attorney replied 2 years ago
LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37,876
Experience: I am a practicing attorney with more than 3 decades of experience in the legal field.
Verified

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

Ask Your Own Legal Question
Lawyer: LawTalk, Attorney replied 2 years ago

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

Doug

Ask Your Own Legal Question
Customer reply replied 2 years 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.
Lawyer: LawTalk, Attorney replied 2 years ago

1. Is the house in CA?

2. Is the house co-owned by anyone?

Doug

Ask Your Own Legal Question
Customer reply replied 2 years ago
The house is in CA.
No other names on the house. It's paid off.
Lawyer: LawTalk, Attorney replied 2 years 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

Ask Your Own Legal Question
Customer reply replied 2 years ago
Can I file the paperwork without an attorney? If so what paperwork do I file?
Lawyer: LawTalk, Attorney replied 2 years 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

Ask Your Own Legal Question
Customer reply replied 2 years ago
Thank you
Lawyer: LawTalk, Attorney replied 2 years 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

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37,876
37,876 Satisfied Customers
Experience: I am a practicing attorney with more than 3 decades of experience in the legal field.

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
My uncle recently passed away leaving a bank account of
My uncle recently passed away leaving a bank account of approx $110,000 and a car. No children, his wife previously passed away 6 months earlier. He is survived by 1 brother and 1 sister, 3 other sist… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
13,993 satisfied customers
I have an aunt who is 93 years old. She had 2 separate bank
I have an aunt who is 93 years old. She had 2 separate bank accounts. 1 my wife had control of to pay her bills, the other my cousin was in charge of the account which my aunt has stated that the mone… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,243 satisfied customers
My husband is quadriplegic. Upon her death, his mother left
My husband is quadriplegic. Upon her death, his mother left him a special needs trust. Can I, his wife with power of attorney, administer the trust? We live in Florida. Please advise. Thank you.… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
a lawyer representing the grandchildren of an aunt of mine
a lawyer representing the grandchildren of an aunt of mine who died in 2001 for whom i was asked by her son to take responsibilty as her care taker (as he had died about 5 years earlier) and with whic… read more
LADYLAWYER
LADYLAWYER
Owner of my own law firm
Juris Doctor
6,438 satisfied customers
My 88 year old Aunt has recently been hospitalized and is currently
My 88 year old Aunt has recently been hospitalized and is currently sedated in CA. I have been her caregiver for 19 years and she had expressed her desire to for me to handle her business affairs, ver… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Hello, My aunt of 86 y/o and mother went to the bank to complete
Hello, My aunt of 86 y/o and mother went to the bank to complete the necessary paperwork so my mother would have full access to my aunt's account - checking and savings. My aunt had terminal cancer an… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Hello, Currently I am Power of Attorney and Durable Power
Hello, Currently I am Power of Attorney and Durable Power for my aunt. I have fulfilled all my responsibilities which mostly include paying her bills and have kept exact records of all my transactions… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My brother was POA for our aunt. Does he have the legal right
My brother was POA for our aunt. Does he have the legal right to use her funds for personal expenses? Also, can he give himself a "gift" of funds to purchace vehelcles for his children? After her deat… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
Son in California federal prison. Grandmother died and he
Son in California federal prison. Grandmother died and he was a beneficiary on life insurance policy. They sent him a check. How can cash the check and keep the money? Can he turn the check over to hi… read more
Jim Reilly
Jim Reilly
Private Practice Attorney
Juris Doctor
1,759 satisfied customers
My great aunt, Dannie Moore, passed away suddenly in January.
My great aunt, passed away suddenly in January. She had been the trustee on an account for my aunt, who is mentally challenged. She is 71 years old. I had a power of attorney letter notarized by Bentl… read more
Ray
Ray
Lawyer
Doctoral Degree
33,756 satisfied customers
My grandparents had a last will and testament and said it could
My grandparents had a last will and testament and said it could not be changed after they died. My grandfather passed away first, leaving my grandmother living in the only house I can remember. The ho… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
187 satisfied customers
My grandmother had a will naming my aunt executor. My aunt
My grandmother had a will naming my aunt executor. My aunt has been paying bills using her mother's bank account since April but when she went in yesterday to get a bank check for the final burial/cem… read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
My husband is a beneficiary, along with his aunt, in his deceased
My husband is a beneficiary, along with his aunt, in his deceased grandmother's will. However, all of her assets were in the form of CD's. Most of these CD's were made payable upon death to my husband… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
My aunt is retired, blind, and has difficulty hearing and so
My aunt is retired, blind, and has difficulty hearing and so she cannot manage her financial investments and banking. She has asked me (her nephew) to manage for her.… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
I have been named alternate trustee in a living will and trust
I have been named alternate trustee in a living will and trust provided by my now deceased aunt and uncle. My aunt was suffering from early stages of dementia before she passed in March of 2007. Even … read more
ProbateAttorney
ProbateAttorney
Doctoral Degree
268 satisfied customers
Greetings, My Gradfather recently died at age 95 prior to ...
Greetings, My Gradfather recently died at age 95 prior to his death my grandfather''s memory was very limited and he had no knowledge of his financial affairs he also could be easily convinced. He sol… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
the trust lawyer valued my Uncles trust as 4.5 ...
the trust lawyer valued my Uncle's trust as 4.5 million and my aunt's at 2 million. 7 years later we have no accounting and distributions have not been made and property has not been listed. What can … read more
Flagbridge-ADR
Flagbridge-ADR
Principal Consultant
B.Kin, B.C.L, C. Neg, C. Med, C. A
1,786 satisfied customers
My aunt passed away and I am have the task of cleaning out ...
My aunt passed away and I am have the task of cleaning out her apartment. Her only son is currently in a Psyciatric Hospital for an unknown duration. His diagnosis is bi-polor disease. What can I do w… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x