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Probate Stock Access Challenges
Summary
In California, accessing a deceased relatives stocks may require going through probate. The executor, with proper authority, can request stock information. If a business is uncooperative, legal action might be necessary. Executors must distribute assets according to the will, and failure to do so can lead to legal consequences. Inheritance laws often follow per stirpes, meaning a deceased siblings share goes to their children. This principle is common in many states, but some may use per capita distribution. Its crucial to consult local laws or a probate attorney for specific guidance.Full Conversation
My bro died and has stocks in California but the place doesn't want to cooperate and give us the details
I'm sorry to hear about your brother. In situations like this, it might be necessary to go through probate to access his assets. Typically, the executor of his estate would have the authority to request information about the stocks. You may need to provide proof of your authority.
- Check if probate is required in California for the stocks.
- Contact the company holding the stocks with the necessary legal documents.
- Consider consulting a probate attorney for guidance.
Have you been appointed as the executor of his estate?
- Check if probate is required in California for the stocks.
- Contact the company holding the stocks with the necessary legal documents.
- Consider consulting a probate attorney for guidance.
Have you been appointed as the executor of his estate?
Yes and have a probate lawyer but the business won't cooperate with him
If the business holding the stocks is uncooperative, here are a few steps you might consider:
- Ensure your probate lawyer has all necessary documentation to prove authority as executor.
- Your lawyer can send a formal demand letter to the business.
- If the business still doesn’t cooperate, consider legal action through the courts to compel disclosure.
Has your lawyer discussed the possibility of taking legal action?
- Ensure your probate lawyer has all necessary documentation to prove authority as executor.
- Your lawyer can send a formal demand letter to the business.
- If the business still doesn’t cooperate, consider legal action through the courts to compel disclosure.
Has your lawyer discussed the possibility of taking legal action?
Yes
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It sounds like you're facing some challenges with the business holding your brother's stocks. If your probate lawyer has already discussed legal action, it might be worthwhile to pursue this. Sometimes a court order can compel a business to comply. Would you like any more information on this process?
It sounds like you're facing some challenges with the business holding your brother's stocks. If your probate lawyer has already discussed legal action, it might be worthwhile to pursue this. Sometimes a court order can compel a business to comply. Would you like any more information on this process?
We tried that but still they wont
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It seems like you might have a strong case, especially if legal action hasn't led to cooperation. Would you like to be connected to local lawyers who can better assist you with your case? If yes, I can ask a few questions to collect your details.
It seems like you might have a strong case, especially if legal action hasn't led to cooperation. Would you like to be connected to local lawyers who can better assist you with your case? If yes, I can ask a few questions to collect your details.
No ty
Case Rating: *
If you're experiencing ongoing issues despite legal action, it may be beneficial to explore other legal avenues or seek a second opinion from another probate attorney. If you have any further questions about the probate process or need more general legal information, feel free to ask.
If you're experiencing ongoing issues despite legal action, it may be beneficial to explore other legal avenues or seek a second opinion from another probate attorney. If you have any further questions about the probate process or need more general legal information, feel free to ask.
What if the executor/heir takes the money and doesn't split with other heirs
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If an executor or heir takes money without splitting it with other heirs, here are some general steps you could consider:
- Review the will or estate plan to understand each heir's entitlement.
- Demand an accounting of the estate from the executor.
- File a complaint in probate court if the executor violates their fiduciary duty.
- Consult with a probate attorney for guidance.
If you have any further questions or need more information, feel free to ask!
If an executor or heir takes money without splitting it with other heirs, here are some general steps you could consider:
- Review the will or estate plan to understand each heir's entitlement.
- Demand an accounting of the estate from the executor.
- File a complaint in probate court if the executor violates their fiduciary duty.
- Consult with a probate attorney for guidance.
If you have any further questions or need more information, feel free to ask!
What happens to them
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If an executor or heir doesn't distribute the estate as per the will, they may face legal consequences, including being removed as executor, being held liable for mismanagement, or facing legal action by other heirs. Consulting with a probate attorney can help address this issue. Let me know if you need more information!
If an executor or heir doesn't distribute the estate as per the will, they may face legal consequences, including being removed as executor, being held liable for mismanagement, or facing legal action by other heirs. Consulting with a probate attorney can help address this issue. Let me know if you need more information!
Why does the only living brother have to split with their dead sister n brothers kids
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In Oregon, as in many states, inheritance laws typically follow the principle of "per stirpes," meaning an estate is divided among a deceased person's descendants. If a sibling passes away, their share is usually inherited by their children. Here’s a brief overview:
- The estate is divided equally among the deceased's siblings.
- If a sibling has passed away, their share typically goes to their children.
- This ensures the deceased sibling's lineage receives their portion of the inheritance.
If you need further clarification or have more questions, feel free to ask!
In Oregon, as in many states, inheritance laws typically follow the principle of "per stirpes," meaning an estate is divided among a deceased person's descendants. If a sibling passes away, their share is usually inherited by their children. Here’s a brief overview:
- The estate is divided equally among the deceased's siblings.
- If a sibling has passed away, their share typically goes to their children.
- This ensures the deceased sibling's lineage receives their portion of the inheritance.
If you need further clarification or have more questions, feel free to ask!
Is that the case in every state
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Inheritance laws can vary by state, but many states follow the "per stirpes" distribution principle, ensuring descendants of a deceased heir receive their share. However, specifics can differ, so it's advisable to consult local laws or a probate attorney in the relevant state for precise guidance. Would you like more information on a specific state's inheritance laws?
Inheritance laws can vary by state, but many states follow the "per stirpes" distribution principle, ensuring descendants of a deceased heir receive their share. However, specifics can differ, so it's advisable to consult local laws or a probate attorney in the relevant state for precise guidance. Would you like more information on a specific state's inheritance laws?
What state doesn't go by the pir stirpes
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In the U.S., most states follow "per stirpes," but some may use "per capita" distribution, where heirs of the same generation inherit equally. It's important to check specific state laws for clarity. States like California may have specific nuances in their probate code. Would you like more information on a specific state?
In the U.S., most states follow "per stirpes," but some may use "per capita" distribution, where heirs of the same generation inherit equally. It's important to check specific state laws for clarity. States like California may have specific nuances in their probate code. Would you like more information on a specific state?
Colorado
Case Rating: *
In Colorado, inheritance laws typically follow the "per stirpes" distribution principle, similar to many other states. This means that if a sibling has passed away, their share might be inherited by their children. However, specifics can differ, and it's advisable to consult a probate attorney for precise guidance. Would you like more details on Colorado's inheritance laws or have any other questions?
In Colorado, inheritance laws typically follow the "per stirpes" distribution principle, similar to many other states. This means that if a sibling has passed away, their share might be inherited by their children. However, specifics can differ, and it's advisable to consult a probate attorney for precise guidance. Would you like more details on Colorado's inheritance laws or have any other questions?
Washington
Case Rating: *
In Washington, inheritance laws generally follow the "per stirpes" distribution principle. This means if a sibling passes away, their share is usually inherited by their children. However, local laws may have unique nuances, so consulting a probate attorney for precise guidance is recommended. Do you have any other questions regarding Washington's inheritance laws?
In Washington, inheritance laws generally follow the "per stirpes" distribution principle. This means if a sibling passes away, their share is usually inherited by their children. However, local laws may have unique nuances, so consulting a probate attorney for precise guidance is recommended. Do you have any other questions regarding Washington's inheritance laws?
Arizona
Case Rating: *
In Arizona, inheritance laws typically follow the "per stirpes" distribution principle. This means that if a sibling passes away, their share is usually inherited by their children, ensuring the deceased sibling's lineage receives their portion of the inheritance. If you have more questions or need further information, feel free to ask!
In Arizona, inheritance laws typically follow the "per stirpes" distribution principle. This means that if a sibling passes away, their share is usually inherited by their children, ensuring the deceased sibling's lineage receives their portion of the inheritance. If you have more questions or need further information, feel free to ask!
Montana
Case Rating: *
In Montana, inheritance laws generally follow the "per stirpes" distribution principle, similar to many other states. This means that if a sibling has passed away, their share is typically inherited by their children. However, specifics can differ and it's advisable to consult a probate attorney for precise guidance. If you have more questions about Montana's laws or need further assistance, feel free to ask!
In Montana, inheritance laws generally follow the "per stirpes" distribution principle, similar to many other states. This means that if a sibling has passed away, their share is typically inherited by their children. However, specifics can differ and it's advisable to consult a probate attorney for precise guidance. If you have more questions about Montana's laws or need further assistance, feel free to ask!
Florida
Case Rating: *
In Florida, inheritance laws typically follow the "per stirpes" principle. This means that if a sibling passes away, their share is usually inherited by their children. If you have more questions about Florida's laws or need further clarification, feel free to ask!
In Florida, inheritance laws typically follow the "per stirpes" principle. This means that if a sibling passes away, their share is usually inherited by their children. If you have more questions about Florida's laws or need further clarification, feel free to ask!
What states don't follow per stirpes
Case Rating: *
In the United States, most states follow the "per stirpes" distribution method. However, some states may use "per capita" distribution, where heirs of the same generation inherit equally. It's important to check specific state laws for clarity. If you have a particular state in mind, I can provide more detailed information.
In the United States, most states follow the "per stirpes" distribution method. However, some states may use "per capita" distribution, where heirs of the same generation inherit equally. It's important to check specific state laws for clarity. If you have a particular state in mind, I can provide more detailed information.
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