Yes, you are entitled to your marital share of the account. Act VERY quickly - once it is paid out you will have a hard time collecting.

Required, no. Should you, yes, that way you will not start getting letters from the IRS requesting one. You can file it FINAL - DECEASED. Never...

Can we collect a court judgement in CA from defendant/heir after they are deceased, and their heir did not file for probate?

You can try if you can get to the money. If there is still real property, file a lawsuit and place a lis pendens on it immediately.

Selected as the best answer

Who is the petitioner in your petition for probate? Are you probating the pour-over will into the trust? A probate is proper to a surviving...

Can i sue my moms attorney for keeping all of her settlement award after she passed away

YES! You need to first open a probate for your mom's estate in order to have authority. Once you do that, you can sue for the money. Get an...

First, you are not your uncle's legal heirs. His son is. Blood does not trump adoption when it comes to heirs. If there is a will, you will need...

How do I address a management company’s harassment of me while property in probate ?

Write them a letter detailing all of this and asking them to stop. If they do not, get an attorney to write a follow up letter that is a bit...

What happens to the restraint order if my father dies?

Either his estate will pursue it or it will go away.

Can I use our shared driveway is it legal?

Obviously if you are parking in a way that blocks the people in front of you from getting out, don't park there unless you can come to an agreement...

Should we put a condo left in our mothers will in a trust?

You can, you just need to get court approval through the Petition for Final Distribution in the probate. Your attorney can help you with this.