I am very sorry to hear of your losses and now having that compounded by bank policy. The banks can be quite frustrating at times. It's hard to know exactly what needs to be done but first question is if the assets were actually titled in the name of the trust in the internal bank records. I assume not. Thus the next question is value. If less than $150k, in total, then can do probate code 13100 small estate affidavits. If more than $150k that won't work and need to go to probate court. The most likely, first option to consider, is a probate code 850 "Heggstad" petition. That is where you get a court order that established the accounts are part of the trust due to intent. If that is not successful then a full probate is going to be required. Hire an experienced probate attorney. In particular find someone familiar with Heggstad petitions as that is a way you could save some time and money. Good luck. -John
Answered on Jun 17th, 2014 at 10:03 AM