QUESTION
Resolving minor financial issues without a will
Asked on Jun 25th, 2020 on Wills and Probate - California
More details to this question:
My Mother passed away May 12, 2020 due to heart failure with COVID-19 and we cannot locate her will. She has a few bank accounts, but no real estate or assets of value. I am trying to close her accounts and reconcile any overdrafts, and amounts owing. My 2 brothers are not involved and so I am left to resolve these issues as the default executor in action, but not in legal standing. What can I do to assume executorship of her estate to resolve these matters and clear up her accounts?
2 ANSWERS
3 Awards
If there is a net value in her bank accounts (after accounting for overdrafts), you and your brothers can claim the funds using a small estate affidavit. If there is just a mess, but there is no money, you can just walk away. You have no legal obligation to straighten out your late mother's affairs.
Answered on Jul 06th, 2020 at 9:56 AM
2 Awards
Please consult a probate lawyer who practices in the county in which your mother lived and died. In many states an informal procedure can be used for small estates, requiring submission of documents to the court but no hearing. No one is an executor or entitled to act with regard to an estate until a court has appointed them.
Answered on Jun 26th, 2020 at 5:08 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.