Q: Robinhood, has some stock of my husbands stock and will only transfer if I provide a probate document naming me executo
Small estate that shouldn't require probate. He did not have a will but I was beneficiary to his life insurance. Is there an easier way to provide them this information.
A:
There is a section of the Probate code that provides for the non probate administration of small estates. You should follow those procedures and if Robinhood won't transfer and re-issue the certificates to you, sue them in small claims. Suggest you hire an attorney to write you a legal brief for the SC judge so he can have the law in front of him. This should be a fairly open and shut case.
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Nina Whitehurst agrees with this answer
A: The small estate procedure should work if the value of the stock is below $166,250. Be sure you understand whether the stock was your husband’s separate property or community property. It makes a big difference as to who is entitled to the stock. If is was community property the stock goes to you but if it was separate property you will have to deliver some of it to his other intestate heirs. Even though the small estate affidavit form looks like a simple check-the-box form, there are traps for the unwary that could get you sued later if you unwittingly lie on the form or do not distribute the assets to the persons entitled to them. The cost to hire an attorney to help you is way cheaper than the cost to defend a lawsuit later.
John B. Palley agrees with this answer
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