Carlsbad, CA asked in Estate Planning and Probate for California

Q: Does living brother in SD have to or can I file for CA decedent's bank account? (no will)

My deceased step father's-step father passed here in CA, I called him grandpa. No will. Nearest living relative (brother) is in SD but has no interest in $50,000 bank account. Can I inherit?

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

A: Only if you were legally adopted by your stepfather. The process for the brother to receive the proceeds of the bank account are not all that difficult. If no one claims the account after a period of approximately 3 years, the proceeds will "escheat" or transfer to the State of California.

Bill Sweeney agrees with this answer

Bill Sweeney
Bill Sweeney
PREMIUM
Answered
  • Probate Lawyer
  • San Juan Capistrano, CA
  • Licensed in California

A: If the deceased died without a Will then his estate will be distributed intestate to his lawful heirs, such as children of the deceased or children of predeceased children or a living parent, or alternatively, brothers and/or sisters, etc.

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