Orangevale, CA asked in Probate for California

Q: My father died without a will. How can I find out if there are life insurance policies, etc or rights to any property...

He died November 2014

Related Topics:
1 Lawyer Answer
David L. Crockett
PREMIUM
David L. Crockett
Answered
  • Probate Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Unfortunately this is a situation that happens often. When someone dies without a will, there needs to be a person appointed by the probate court system to sign for and speak for the deceased person. As a child of your father, you are legally eligible to file a probate court petition and ask that you be appointed as the personal representative. Also, if your father had a surviving spouse or other children besides yourself, any one of them could apply to be the personal representative as well.

I am not evading your question but rather explaining that to be able to ask questions and get answers and cooperation from your father's banks and insurance companies there needs to be a court-appointed personal representative. The banks and insurance companies will typically want this to happen. An estate and probate lawyer could assist and figure out the situation of what your father owned and what insurance policies and other assets he might have as a first step. The next step is to prepare and inventory of what there is and ultimately determine who has the rights to inherit and get a court order to distribute the assets.

On the chance that you are named as a life insurance beneficiary or named as a "payable on death" beneficiary of a bank account, you may not need a probate personal administrator appointed. Again, you need an estate and probate lawyer to help figure this out. You might find my blog on probate matters helpful which can be found at https://www.orangecountyestateplanninglawyer-blog.com/2014/12/probate-asset-inventory-collecting/

David L. Crockett, attorney/CPA/broker/Martindale Hubble AV preeminent rating

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.