Q: Fraud on deceased mom's account. How to establish designated person to handle fraud with bank.

A: In California, if you wish to handle fraud on your deceased mother's bank account without going through probate court, you can explore a few options. First, check if your mother had a payable-on-death (POD) or transfer-on-death (TOD) designation on her bank account. If so, you might be able to claim the account directly with the bank by providing a copy of her death certificate and your identification.

Another option is to consider the Small Estate Affidavit process. In California, you can use this affidavit if the total value of your mother's assets subject to probate is under a certain threshold (currently $166,250). This allows for a simplified transfer of assets without the need for probate court involvement. However, the bank may still require some documentation to establish your authority to handle the fraud claim.

Contact the bank to discuss your situation and see if they would accept an Affidavit for Collection of Personal Property, which can be used for smaller estates. Additionally, consult an attorney to ensure you follow the proper legal procedures and understand the specific requirements for your situation. This way, you can navigate the process effectively and address the fraud on your mother's account without unnecessary complications.

A: The answer to your question depends on the dollar value of all your mom’s assets. Look only at the assets, not the debts (such as a mortgage, credit card debt, taxes owed, etc.). If the dollar value of all your mom’s assets — meaning what price would she get if she sold everything on the open market — is above $184,500, you are likely legally required to go through probate unless your mom had a trust (not a will.) Wills do NOT exempt people from probate if the person who passed away had assets valued at more than $184,500 (for those in California. If someone is a resident of another state, you need to check the probate limit in that state, the overwhelming majority of which have lower probate limits than CA.) If your mom had less than the probate amount and someone is willing to sign a legal document under penalty of perjury, you may be able to sign a Small Estate Affidavit. But a lawyer would need to ask you a bunch of questions to be sure that’s the case. Best wishes!