QUESTION

Probate

Asked on Jul 31st, 2014 on Wills and Probate - California
More details to this question:
Please advise if an attorney is required in order to obtain access to deceased fathers bank account. There is No Will. Me and my brother are next of Kin. The bank will not grant access, only stating that we need a lawyer. The balances in all accounts is less than $150K. No personal property other than an old truck. No real property either. My Father was not married.
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1 ANSWER

An attorney is NOT required. I would encourage you to talk to a higher up at the bank. I have pasted California probate code 13105 below. Note section (b) provides for attorney fees if the bank forces you to get an attorney. You might show that code section to them. Hopefully they will see the light!  Good luck.   13105. (a) If the requirements of Sections 13100 to 13104, inclusive, are satisfied: (1) The person or persons executing the affidavit or declaration as successor of the decedent are entitled to have the property described in the affidavit or declaration paid, delivered, or transferred to them. (2) A transfer agent of a security described in the affidavit or declaration shall change the registered ownership on the books of the corporation from the decedent to the person or persons executing the affidavit or declaration as successor of the decedent. (b) If the holder of the decedent's property refuses to pay, deliver, or transfer any personal property or evidence thereof to the successor of the decedent within a reasonable time, the successor may recover the property or compel its payment, delivery, or transfer in an action brought for that purpose against the holder of the property. If an action is brought against the holder under this section, the court shall award reasonable attorney's fees to the person or persons bringing the action if the court finds that the holder of the decedent's property acted unreasonably in refusing to pay, deliver, or transfer the property to them as required by subdivision (a).
Answered on Aug 05th, 2014 at 7:28 AM

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