Affidavits?

[dchenski]

Heres the situation in Los Angeles County / California:

PROBLEM 1:
me and my sister lost our mother last year. Its just the 2 of us with no remaining parents or grandparents. My mother had some stocks in the sum of around $120,000. There is no will, no probate, and no testament, no executor. from what i understand i can either file for probate or file a Affidavits? which is better and what are the pros and cons? Which is cheaper? (i get along with my sister good enough to go 50/50 without complications, just want a fair split for both of us)


PROBLEM 2:
My mom had a few bank accounts with about one having about $2,000 and another around $8,000. And ive found she had a few other financial accounts with under $1000. Problem is the bank is not giving me any information and my sister is being silent. Is there any way i can see if my sister filed a Affidavits and has already collected some of the money on the smaller accounts? (im trying to be fair, i told her we would go 50/50 as long as she hasn't already taken money from the accounts, im just trying to find out if shes being honest) Is there anyway to find out if a affidavits been filed?

 

[army judge]

Heres the situation in Los Angeles County / California:

PROBLEM 1:
me and my sister lost our mother last year. Its just the 2 of us with no remaining parents or grandparents. My mother had some stocks in the sum of around $120,000. There is no will, no probate, and no testament, no executor. from what i understand i can either file for probate or file a Affidavits? which is better and what are the pros and cons? Which is cheaper? (i get along with my sister good enough to go 50/50 without complications, just want a fair split for both of us)


PROBLEM 2:
My mom had a few bank accounts with about one having about $2,000 and another around $8,000. And ive found she had a few other financial accounts with under $1000. Problem is the bank is not giving me any information and my sister is being silent. Is there any way i can see if my sister filed a Affidavits and has already collected some of the money on the smaller accounts? (im trying to be fair, i told her we would go 50/50 as long as she hasn't already taken money from the accounts, im just trying to find out if shes being honest) Is there anyway to find out if a affidavits been filed?

There is no way anyone can decide what is BEST for you.
You must choose what YOU think is BEST for you.

Have you considered "simplified probate"?
Simplified probate was created for smaller estates.

Here you go, read about it:

http://www.apeopleschoice.com/calif...nia-probate/simplified-probate-in-california/

http://www.courts.ca.gov/8865.htm

As far as the bank accounts, that's a tougher nut.
If your sister was a joint owner (not just a signatory) on your mother's bank accounts with rights of survivor-ship, you may never know.
That said, I'd focus my efforts and attention on the bigger prize, the one hundred and twenty grand.
You might be able to obtain a court order using the probate process to pierce the secrecy at the bank.

Good luck.