He passed away without leaving any wills and such. He has a Charles schwab account that has some money in it. Charles schwab says we can't touch it because he didn't give us permission. Can we go to court with this? Small claims? probate? please help!
2007-06-07 09:27:24 · 15 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Probate court.
2007-06-15 04:44:06 · answer #1 · answered by Penny K 6 · 0⤊ 0⤋
We don't know what state you are in.
However, under the uniform probate code as adopted by most states, there is such a thing as family or summary administration for estates worth less than X dollars. Usually under $50,000 but could be as low as $15,000 in some states.
You should hire an attorney to open a summary or family administration depending, and get a personal representative or executor appointed. If there are any safety deposit boxes, you will probably need a break order.
Also, you should start scrutinizing your father's mail and check book register, past tax returns, etc. There's probably clues in there as to what he owned prior to his death, besides the Charles Schwab account.
Good luck.
2007-06-07 16:34:12 · answer #2 · answered by krollohare2 7 · 1⤊ 0⤋
As kroll stated, many states have procedures to transfer small estates without going through probate.
You did not mention where you live, but in California, a person entitled to the estate must complete an affidavit stating that they are the sucessor, that no others have a superior interest in the estate, etc. The affidavit is then presented to the entity that holds the assets (ie Schwab). California superior courts have fill-in-the-blank affidavits that can be downloaded. This proceure can be used for estates where probatable assets are less than $100,000.
2007-06-07 16:47:46 · answer #3 · answered by Mr Placid 7 · 1⤊ 0⤋
Get legal advice.
An executor of the estate needs to be appointed, It can be a family member such as yourself. If you do the appropriate self-education, you may be able to do that work, and pay yourself, meaning the money that goes to the executor goes to you rather than to a lawyer.
Other members of the family may or may not approve of this.
There will need to be a process of figureing out all the bank accounts, insurance, assets and liabilities of your father ... you could end up in the minus if he had a lot of debts.
2007-06-14 12:10:58 · answer #4 · answered by Al Mac Wheel 7 · 1⤊ 0⤋
The only way to access the money, if no one is a joint on the account is to go through Probate court.
2007-06-07 16:31:17 · answer #5 · answered by Brina 2 · 0⤊ 0⤋
First, hire an attorney who handles probates/wills/family law....he will then get a family member appointed representative....after that, just let the attorney handle it...otherwise, the state will get everything....I went thru the same thing with my father in 2000....good luck and do everything possible to keep the state from taking what they want....
2007-06-15 12:24:33 · answer #6 · answered by JJbiker 2 · 0⤊ 0⤋
Have you showed them the death certificate? You will probably have to go through probate court to straighten this out. It will take time and money to do this, but it's the only way. Good luck.
2007-06-12 13:31:16 · answer #7 · answered by ? 5 · 0⤊ 0⤋
An executor of the estate has to be appointed.
First step,see an attorney. He will do the court-work and file the necessary legal documents.
Most will charge a %%ofthe estate.
Good luck. I hope you realize this may take a long time to resolve.
.
2007-06-07 16:32:35 · answer #8 · answered by TedEx 7 · 0⤊ 0⤋
Probate Court. Talk to an attorney who specializes in this.
2007-06-13 21:18:43 · answer #9 · answered by merrybodner 6 · 1⤊ 0⤋
You need to get a lawyer since this account will have to go through probate.
2007-06-07 16:30:13 · answer #10 · answered by a 4 · 1⤊ 0⤋