Mother died of cancer 2000 in CA; $8,000+ in bank accounts and disability checks; I am oldest of her 4 children; how do I claim this money? I live in FL.

JudyKayTee

Need more info - did she leave a Will? Did she have joint accounts or designated beneficiaries? Was the estate probated? Who has been managing things since she died?

Why did you wait so long?

A child is not automatically entitled to inherit so many things will factor into whether you are or are not entitled.

Obviously the disability checks stopped when she died.

A California Attorney would have to look into things; it is possible to hire an Attorney in Florida to communicate with one in California.

progunr

When did you open the probate process?

Has an administrator been assigned yet?

Unfortunately, CA has one of the longest and more involved probate processes of any State in the US.

I've read of cases taking 10, 15, even 20 years to get finalized.

Your best option is to be represented by an attorney, but since you are asking here, I'm guessing you are trying to work through this yourself?

If so, contact the administrator assigned, if there is one, and they should be able to give you a better idea of where the process stands, what still remains to be resolved, and approx. how much longer it may take.

Good Luck to you!

JudyKayTee

[quote=progunr]When did you open the probate process?

Has an administrator been assigned yet?

Unfortunately, CA has one of the longest and more involved probate processes of any State in the US.

I've read of cases taking 10, 15, even 20 years to get finalized.

Your best option is to be represented by an attorney, but since you are asking here, I'm guessing you are trying to work through this yourself?

If so, contact the administrator assigned, if there is one, and they should be able to give you a better idea of where the process stands, what still remains to be resolved, and approx. how much longer it may take.



I'm not sure this amount of money needs to be probated, that's why I asked. (My stepdaughter is an estate Attorney in California, of all things!)

I would be curious where you read of the 10, 15, 20 years. Perhaps you are speaking of great wealth, sort of movie-star-ish. The Law states: "California law says the personal representative must complete probate within one year from the date of appointment, unless s/he files a federal estate tax. In this case, the personal representative can have 18 months to complete probate.

If probate has not been completed by that time, the personal representative must file a status report to the court to explain what still has to be done and how much time that will take.

If the personal representative does not report to the court, the beneficiaries can ask the court to order him or her to file an accounting or take other actions to close probate. The court can remove the personal representative and appoint someone else.

Sometimes there are circumstances that can make probate take longer. If there is a Will contest (a claim filed with the court that all or part of the will is not valid), or the size and complexity of the estate requires extra time, or it is hard to find beneficiaries, the process can drag out. Some probate cases take years to resolve."

The OP would know if the Will - if there is one - has been contested. Meanwhile 8 years of fees could very well have eaten up the inheritance - if it's taken that long.

progunr

I have seen the stories regarding California's probate process in several estate planning sites and blogs, not exactly sure the names of them. Could very well have been referring to the greater wealth as you mentioned.

Also, if there is no will, isn't probate required?

bettyej

Mother died of cancer and things were very painful for everyone.....when I cleaned out the house I threw papers, pictures, etc. in a bag, took it home with me to FL and put in a corner. I recently had the nerve to go through her things and came across bank statements, check stubs, etc. I didn't know she had anything....there was no will. I was named on a small life insurance policy she carried, but it was enough to bury her.

I believe I will have to hire an attorney to help me finally resolve this issue. I thought I could do it myself since the amount is so small...but logistics make if difficult.

Thanks!

JudyKayTee

[quote=bettyej]Mother died of cancer and things were very painful for everyone.....when I cleaned out the house I threw papers, pictures, etc. in a bag, took it home with me to FL and put in a corner. I recently had the nerve to go through her things and came across bank statements, check stubs, etc. I didn't know she had anything....there was no will. I was named on a small life insurance policy she carried, but it was enough to bury her.

I believe I will have to hire an attorney to help me finally resolve this issue. I thought I could do it myself since the amount is so small...but logistics make if difficult.



Don't know what's happened since 2000 (when your Mother died) but it's very possible if you didn't receive bank statements and the like that the bank account is considered by the State to be abandoned. You will also have to look into that.