Q: I am beneficiary of my mother's bank account. She died without a will. Her assets are less than 185000. My sister took
Car w/o my knowledge or consent. From my research since there is no will beneficiaries pass probate and become owner of her property. True or not?
A: Ownership of decedent’s property does not pass automatically. Some kind of legal process is required. In your case it is possible that you can use a small estate affidavit to pass title to all assets to the heirs at law. If your mom was single when she died and survived by two living children and no predeceased children then the two living children would be the heirs at law.
Howard E. Kane agrees with this answer
A:
The cash in the bank should be obtained via the small estate affidavit process described by attorney Whitehurst. The vehicle requires different paperwork which gets submitted to the DMV:
An Affidavit for Transfer Without Probate California Titled Vehicle or Vessels Only (REG 5) form may be used to transfer ownership of a vehicle when the registered owner or legal owner (an individual) of the vehicle is deceased, provided 40 days have elapsed since the date of death of the owner, the value of the decedent’s property in California does not exceed $150,000, and the vehicle is titled in California.
Best of luck with this.
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.
