If my mother recently passed away, how do I get Letters of Administration stating that I am a beneficiary?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my mother recently passed away, how do I get Letters of Administration stating that I am a beneficiary?
She did not have a Will but she had life insurance. To recieve benefits from one of the life insurance policies, they are requesting that I have to get Letters of Administration or a small estate affidavit saying who is entitled or who is a beneficiary. The estate is less then $150,00, and my sister started selling everything online 4 days after my mom passed.
Asked on January 29, 2015 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
I am so sorry for your loss. You need to file a Petition for being appointed as the Administrator of your Mother's estate in order to obtain Letters of Administration. While I would say that because the estate is a small estate it would be easier to use the affidavit, I think you may need to open something in court to stop your sister from dissipating estate assets before they are distributed evenly. I would seek consultation from a lawyer in your area who can look at all the facts. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.