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Monirs not listed in trust

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PancAshash

Junior Member
Monies not Listed in Trust

What is the name of your state (only U.S. law)? CA Do letters of Administration require all patrties signature to release funds that are in intestate? Is there a way of getting the majority to sign, and leaving out the one individual who is refusing to sign for unknown reasons?
 
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justalayman

Senior Member
Huh?

in the title, you speak about minors and a trust

then you speak about letters of administration

and then you toss is something I have no idea what you are talking about:

funds that are in intestate
and asking about who has to release the "intestate" funds.


How about a little description of the situation so it might make some sense because you have multiple incongruent subjects in your post.
 

PancAshash

Junior Member
Monies not Listed in Trust

My apologies for the confusion and the errent subject header. My sister insisted on posting and she's not familiar with forums. I have tried to rectify the header. Thanks for your honest reply.

Here's the situation. My mother died November 09. She left a Trust naming me as Trustee and enumerating my four siblings as beneficiaries. Within said Trust she listed the house and all personal properties within. However she neglected to list monies held by Morgan Stanley et al. In essence, since my mother left no will, all the money is, as far as I know, is intestate.

Here's the problem: I contacted the administrator of all the monies and she, the admin, informed me that Morgan Stanely required some legal document to release the money. One was an Affidavit of something (I have forgotten the name) which two of my siblings refused to sign with no explanation on their part.

Then the admin said to get a Letters of Administration naming me as Executrix.

One: Filing and reading the forms given to me, which could have been written in cuneiform for as best I can ascertain, has been an undertaking of Brobdignaging efforts.

Two: The major question is - Do my brothers and sisters need to sign anything while, hopefully, the Letters of Administration wend their way through the court? I ask because there is a $355.00 filing fee and it would be pointless to pay that amount if the process ends up with my siblings refusing to sign again as I know they would.

Sorry again to be so lengthy but you did ask for particulars. : ) Also my apologies for any or all misspellings since there is no Spell Checked on this computer.

PancAshash, who hasn't posted in a forum in years
 
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PancAshash

Junior Member
Monies not Listed in Trust

The cretinous Edit button won't work for me but I do know how to spell "lengthy" Argh.
 

TrustUser

Senior Member
i just wanted to touch on one point. are you aware that a trust can not just simply list an asset that has normal titling ?

for example, real estate needs to have a deed recorded at the county recorder's office. bank accounts and such need to be registered under the trust at the bank, etc.

simply listing them on a trust schedule does nothing, in and of itself.

i hope this does not come as a shock to you.
 

anteater

Senior Member
...has been an undertaking of Brobdignaging efforts.
I am impressed with even an attempt to work that word into a post. :D

I don't know how much you have read, but the Santa Clara county court has some nice info on CA probate. Other counties may have similar pages available.

http://www.scselfservice.org/probate/prop/frequentlyaskedquestions2.htm

And even a diagram:

http://www.scselfservice.org/probate/prop/process.htm

I believe that you are referring to an Affidavit for Collection of Personal Property. Bummer that your siblings would not sign. Did you explain that not agreeing to that process was going to cost them money?
 

PancAshash

Junior Member
Monies not Listed in Trust

Thanks to both of you for replying.

To first poster: Yes, shock indeed.

To second poster: Thanks for the compliment and links. And I will check out them out soon (I have the ever present "place to go, things to do" problem). And, yes, I have explained numerous times to my sibs about the money. They simply refuse to sigh and don't respond to any requests to explain their reasoning to me or my one sister who has no problem signing.

Essentially there are five living issue of my deceased mother (way too much time spent with legal forms. Egads). One brother opted out of any money by sending something to Morgan Stanley, which they accepted.

This leaves the issue tied between one bro and on sis versus two sisters. And I talked to the bro who opted out to intercede and haven't heard from him since. It's a veritable quandary leaving me clueless.

One brief question: I live in Los Angeles. Do different court rules or procedures apply here? BTW, loved Santa Clara when I spent a day and night there.

PancAshash, who is far too verbose in real life as well and would have used Sisyphean if I remembered the correct spelling...
 
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anteater

Senior Member
I'm not in California and hesitate to go too far.

But, I don't believe that there is anything on the Santa Clara FAQ that would not be applicable to other counties. "Down in the weeds" details may differ some, but the general process should be the same.

You apply to administer the estate.

You send the notices.

The court has a hearing where any interested parties have an opportunity to object to your appointment.
 

tecate

Member
If you are doing this without an attorney, there are DIY books about California probates. Try Amazon for starters.

If the "affidavit" your siblings wouldn't sign is one that would enable MS to give all of you a share of the account without more, shame on them. Probate will allow you to move forward without their consent, but as you will find out, it is a lot of work, and there are more fees to come.
 

TrustUser

Senior Member
ouch !! it looks like everything is intestate ?

i will let others who are much more familiar with probate than i am, answer the rest of your questions.

the house is likely the most expensive asset that you have. that is a public record at the county. you can check to see if that is titled in your mom's name, or in the trust name.

in fact, if you just google the address of the house, you may come up with the current titling. i have done that before when checking out real estate for investment reasons, and found all sorts of places titled in trust. so they must be getting info from the county records.
 

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