Q: My son passed away last August. I paperwork with his company for insurance is complete. What are the next steps in CA?
I have not filed any paperwork with the state. There is NO property other than books, furniture, personal items etc. and his insurance.
A: I'm sorry to hear about the loss of your son. I'm assuming you're talking about life insurance paperwork. If you're the named beneficiary on his life insurance policy, the insurance company will simply write you a check if that's your wish. If he had no beneficiary named on his life insurance policy, a probate might be needed to determine those entitled to his estate, including the policy proceeds, depending on the total value of his estate. For small estates of under $165K, a simple affidavit should establish your entitlement to the policy proceeds as the heir to his estate. If he died with a Will, the policy proceeds (absent a current beneficiary designation) would be payable to those named under his Will.
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A:
If there is no Will and no Trust and nothing but some personal property, then you really have nothing to do except take his personal items and distribute them. You and his mother will have equal rights to the belonging. If there are bank accounts then you need to use the money to pay his bills, and that will require an Small Estate Affidavit that you sign and present to the bank with a death certificate; the Affidavit just says that you are the rightful heir.
I am sorry for loss.
Nina Whitehurst agrees with this answer
1 user found this answer helpful
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