QUESTION
How do I get a letter of Tertiary?
Asked on May 09th, 2016 on Estate Litigation - California
More details to this question:
My father recently passed away. I have uncooperative extended family and I am worried it will interfere with wrapping up his affairs. I haven't been able to find a will. I am his only child. There are old papers (signed 2002) that show me as the beneficiary for his life insurance and federal benefits, and his sister as the beneficiary of another federal plan (TSP). I am not sure if this is the current arrangement. I am trying to close out his bank accounts, his P.O. Box and his storage unit, but all three are asking for the Letter of Tertiary to do this. How do I get one? Do I need participation of his sister since she is/was a beneficiary of other things?
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
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Price Law Firm, APC
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They are asking for Letters Testamentary. Someone with Letters Testamentary is appointed by the probate court to be the personal representative of the estate. To get Letters Testamentary, you will need to file a petition with the probate court where your father lived when he passed away. Contact an attorney to discuss a formal probate proceeding or a summary proceeding to transfer your father's property.
Answered on May 10th, 2016 at 7:06 AM