QUESTION
What to do after a death without a Will or directive?
Asked on Jan 09th, 2015 on Wills and Probate - California
More details to this question:
My brother passed unexpectedly and didn't leave a Will. He owned a vehicle and has one 401K account that we could find and a couple thousand dollars in his bank account. There are no beneficiaries, he was single without children. I am one out of seven siblings. What do I need to do claim what he left behind? (With the agreement of my siblings) Also, how can we find out if there are other policies?
1 ANSWER
You can probably access all the funds by using small estate affidavits. If you search the web you can find free forms for it. You might have all your siblings assign their interests to you. By doing that you can do the paperwork in your name and then share. The 401k may be different as some 401k plans pay in certain ways. Most likely divided between all of you. They would then ask for all of your information and then divide the small 401k among all of you. You should be able to accomplish this without opening a formal probate and without hiring an attorney. However, if you need help just hire an experienced probate attorney who can help guide you. Best of luck. -John
Answered on Jan 13th, 2015 at 8:26 AM