What cause of action do you bring to compel probate code 13100

Asked over 1 year ago - Indio, CA

My moms estate was appraised at $27,500
I used the affidavit to get fire insurance but Wells Fargo does not want to release stating there may be other heirs but they have not provided any documents. How do i compel them to release funds according to probate 13105(b)?

Attorney answers (4)

  1. Christine James


    Contributor Level 19


    Lawyers agree

    Answered . I am not sure what you refer to regarding the insurance. If the paperwork is in order they should release the money. Call Wells Fargo and ask them directly what is missing to try and clear up the reason they are not releasing the money.

  2. Thomas Edward Rossmeissl


    Contributor Level 14


    Lawyers agree

    Answered . Large banks can be difficult to deal with. Make sure you have completed the form and included all information. If the branch has its own form, use it. If you have siblings (so that others are also entitled to the property), then this will complicate the procedure -- all of you will have to sign the affidavit. Then ask for the branch manager, and keep going higher until you get resolution. If the bank refuses, then you will have to file a court petition to confirm your entitlement to the account, and obtain an order directing the bank to turn the funds over to you.

    This general response is not intended to create an attorney-client relationship.
  3. Samuel R Walker


    Contributor Level 10


    Lawyers agree

    Answered . If the holder of the decedent's property refuses to pay,
    deliver, or transfer any personal property or evidence thereof to the
    successor of the decedent within a reasonable time, the successor
    may recover the property or compel its payment, delivery, or transfer
    in an action brought for that purpose against the holder of the
    property. If an action is brought against the holder under this
    section, the court shall award reasonable attorney's fees to the
    person or persons bringing the action if the court finds that the
    holder of the decedent's property acted unreasonably in refusing to
    pay, deliver, or transfer the property to them as required. If you need help doing this contact an attorney who should be able to asisst you and get the money to you ASAP.

  4. Craig Martin Scalise

    Contributor Level 12


    Lawyer agrees

    Answered . Contact Wells Fargo again; ask for a manager and either have them put in writing what they want from you or have them send you the documents you need to complete for them. If there are other heirs, they may need to sign off or give permission. This is legal information not legal advice.


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