California no will, estate under 20k

[slghale]

What is the name of your state California

My brother died, age 37 last year. He had a wife in China who, at the time of his death, two weeks from moving here. It was an unexpected death and of course, my parents are taking it very hard.

My brother had a car worth 5k and a non working motorcycle worth 2k. He also has a bank account with around 2k. For the last year, anyone who has called (creditor wise) has been informed of his death and I have bills sent to the "Executor of Estate" with a total just over 2k.

My brother's widow, is beside herself as she is new to the country and does not want the money, the car or the motorcycle. My parents have been putting off dealing with this for over a year and both the car and motorcycle are in my driveway .

To make this as simple as possible, can I not just use the money from the bank to pay the bills, and transfer the titles of the car and motorcycle to either myself or my parents? My brother's widow said she will sign papers if needed, but she does not know what needs to be done.

Also, my brother had told me (years ago) that he uses my daughter (now nine years old) as his beneficiary on any paperwork until he has children (never happend). I am not sure if this is the case still, but I would think it is. My father said the bank would have a beneficiary on file, but I don't know.

 

[Dandy Don]

Who is the executor? The supposed executor needs to go to the county courthouse probate court and fill out a special form for handling smaller estates. Executor will receive a document called letters testamentary and that is what he will need to present to the bank for them to release the money.

 

[slghale]

Executor?

I have no idea who would be the executor. Nothing was left as a will and nothing has been done in regards to probate or anything. Everything is as it was the day he died.....can I be the executor?

 

[anteater]

If there was no will and your brother had no children, then his spouse stands to inherit under California intestatcy.

From what you said, I assume that she is returning to the U.S. And, from what you describe as his estate, there isn't a need to open probate and have an executor appointed. A small estate affidavit can be used. (And that might not be needed for the motor vehicles in California. I am not positive; maybe one of the California responders will chime in.)

You don't say which county your brother resided in, but I believe that the Superior Courts in each CA county have a website where you can find information and get forms. This one is for LA County. Look for the link to the section on Transfer of Small Estates Without Probate:

http://www.lasuperiorcourt.org/probate/

Although your brother's wife says that she does not want the vehicles or money, it might be easier for her to do the affidavit to obtain the property and and then dispose of it as she wishes.

 

[slghale]

Response

Thank you for your answer, my brother lived in Los Angeles before he died and his wife currently resides in San Diego. I am not sure if she plans to stay here or not, I feel she will be moving back to China shortly. She does not speak English well at all (we need a translator). The money will be needed to pay off creditors and the vehicles I would like to get rid of as the are a daily reminder of him gone.