Irvine, CA asked in Estate Planning and Probate for California

Q: My father passed this month and I need advice with family members and estate I’m confused

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1 Lawyer Answer

A: First look in your father's papers for a will or a trust or both. They should be all together in one place. They could be in a family safe or safety deposit box. Then you need to read them. The person in charge of the will is the "executor." The person in charge of the trust is the "trustee." Usually they are the same person. Sometimes there is no trust. Not to worry. You could be named as the executor and you could be named as the trustee. That means it is your job to follow the instructions in the will or the trust. If you are confused or want advice, then you make an appointment with an estate planning or probate or wills and trusts attorney. Sometimes there is no will and no trust. Again not to worry. Next you look at all your father's bank accounts and see if there are two names on the accounts. If yes, then the second person on that account is now the owner. Some bank accounts will have "beneficiaries." You can look for a bank beneficiary form in your father's papers, or go to his bank and ask the bank officer to look up his account and tell you if there are any beneficiaries. You might be a beneficiary. The bank may not tell you who the beneficiary is if you are not the beneficiary for privacy reasons, but if you are the beneficiary, they can tell you. The beneficiary or beneficiaries, if any, is/are entitled to those funds. Sometimes there are no beneficiaries. Again not to worry. There are two methods to collect those funds and it will depend on whether your father had a will, a trust or neither and who the beneficiaries are. If your father had an attorney who wrote the will or trust, you can go back to him or her for help on this. However it is not a requirement to go back to the same attorney. You can go to any attorney you want for help. This is the starting point only. There is much more to explain once you get started.

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