What steps to take after death of father?

Get Legal Help Today

 Secured with SHA-256 Encryption

What steps to take after death of father?

My father recently passed without a Will. He was not married and I am his only child. He did not own any property and had no assets other than about $8000 in the bank, I believe he had life insurance through his VA job and he was receiving benefits through the VA. I need to know what steps to take to establish myself as the legal heir so that I can access the funds in his bank account, collect his life insurance, and take care of getting his affairs in order with the VA.

Asked on January 2, 2017 under Estate Planning, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

First of all, typically life insurance proceeds are not part of an estate. They are paid directly to the named beneficiary. Only if no beneficiary is named do they become part of the residiuary etstae. As for the bank account, etc., since there are no substantial assets, you can probably file for a simplified probate process. This is a legal tool designed to save the time, trouble and cost of a formal probate procedure. You can google the approriate state for information. If your father died in CA, here is a link to a site that will be of help: http://www.courts.ca.gov/8865.htm


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption