Q: How to process court settled stipulation if an individual dies and don't need probate.
My husband and I legally separated in California. The process had a stipulation in the property settlement that provided each with funds individually. He died in another state. Do my funds have to be part of probate or can I claim them through motion to claim surplus funds (funds were transferred to state)?
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A:
Under California law, if the stipulation in your property settlement explicitly granted you funds, these funds typically are considered separate from your late husband's estate. Therefore, they may not need to go through the probate process. It's important to review the specific terms of the settlement agreement to confirm this.
Since the funds were transferred to the state, you may need to file a motion to claim these surplus funds. This process involves presenting your claim to the court, demonstrating your legal right to the funds based on the property settlement agreement. The documentation from your legal separation and property settlement will be key in this process.
It's advisable to consult with an attorney who can guide you through the necessary legal steps. They can help you prepare and file the motion, ensuring that all legal requirements are met for you to rightfully claim your funds. Remember, handling legal matters surrounding a deceased individual's estate can be complex, so having professional guidance is beneficial.
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