My question involves estate proceedings in the state of: California
What is the name of your state (only U.S. law)? California
I am helping a friend out with the situation that follows:
His father (lets call him Fernando), was killed by a drunk driver. The driver had basic liability coverage. The insurance company has agreed to pay the max of $15k to as a result of Fernando's death. He had only three heirs, his sons. Two are adults and one is a minor. All three sons are citizens born and residing in the US. However, Fernando, a native of Mexico, had been living/working in the US without documentation. He had no Social Security card, no bank accounts, no money and no assets.
What I have learned is that they cannot just give it to the heirs, it must go through proper probate channels. We need to establish a bank account with the legal authority to receive the funds on the behalf of the Fernando's estate and then disperse the money to the brothers. I am wondering how it is possible to open a bank account without any money in it. All the example cases I am reading about involve starting with a decedent who had money and other assets. However, the only asset in this case is a future insurance payment.
I want to help my friend with whatever legal steps are needed to get the insurance benefit for Fernando's death to his sons. Does he need an estate or trust or both? If so, what type? What steps should be taken?
Is the undocumented status of Fernando an issue? I was reading some things and believe filing an SS-4 is needed. Can this be done without a lawyer? My friend and his family have little money. I am willing to help with as much as possible. Although this is unfamiliar territory, I have drawn up legal documents related to some complex legal issues at work, and feel up to the challenge.
Any advice or guidance would be greatly appreciated.
Thanks!
What is the name of your state (only U.S. law)? California
I am helping a friend out with the situation that follows:
His father (lets call him Fernando), was killed by a drunk driver. The driver had basic liability coverage. The insurance company has agreed to pay the max of $15k to as a result of Fernando's death. He had only three heirs, his sons. Two are adults and one is a minor. All three sons are citizens born and residing in the US. However, Fernando, a native of Mexico, had been living/working in the US without documentation. He had no Social Security card, no bank accounts, no money and no assets.
What I have learned is that they cannot just give it to the heirs, it must go through proper probate channels. We need to establish a bank account with the legal authority to receive the funds on the behalf of the Fernando's estate and then disperse the money to the brothers. I am wondering how it is possible to open a bank account without any money in it. All the example cases I am reading about involve starting with a decedent who had money and other assets. However, the only asset in this case is a future insurance payment.
I want to help my friend with whatever legal steps are needed to get the insurance benefit for Fernando's death to his sons. Does he need an estate or trust or both? If so, what type? What steps should be taken?
Is the undocumented status of Fernando an issue? I was reading some things and believe filing an SS-4 is needed. Can this be done without a lawyer? My friend and his family have little money. I am willing to help with as much as possible. Although this is unfamiliar territory, I have drawn up legal documents related to some complex legal issues at work, and feel up to the challenge.
Any advice or guidance would be greatly appreciated.
Thanks!
Probate Court Procedure: Undocumented Father Dead in Car Accident: How to Get Insurance Claim to Heirs
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