South San Francisco, CA asked in Estate Planning and Probate for California

Q: My sister passed away. She had no beneficiary on her bank accounts. What are my legal rights to claim her assets?

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2 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Probate Lawyer
  • Mill Valley, CA
  • Licensed in California

A: If the bank accounts are not part of a trust, then they become part of your sister's estate. If your sister had a will, they will pass as provided for by the will. If she did not have a will, her estate passes by special rules known as "intestate succession". You would have rights to the estate (along with any other siblings) only if your sister had no spouse, children (or pre-deceased children with children), or surviving parent. How you could go about obtaining the estate assets depends on the total value of all the estate assets. The possibilities range from a simple affidavit to a full probate proceeding.

Sally Bergman agrees with this answer

Sally Bergman
Sally Bergman
Answered
  • Estate Planning Lawyer
  • San Mateo, CA
  • Licensed in California

A: If the total in her bank accounts was under $150,000, there are various summary procedures available. It would also depend upon whether your sister had a spouse, children or living parent. Unfortunately, though, some of the bigger banks like Wells Fargo, B of A, Citibank and Chase like to bully people into the expense of a probate proceeding.

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