Best friend's husband died, needs probate attorney, in antelope valley, palmdale area (insurance)

[GodsQ]

Does anyone know of a GOOD Probate attorney to help facilitate whatever needs to be taken care of?
My best friend's husband just died and we don't know what you're supposed to do, or how to go
about things right. Any information would be much appreciated.

[Cloudwalker]

Does she actually need an attorney? Did he leave a will? Even if he didn't, did they own assets jointly or separately? If they had a joint bank account, in most cases the account automatically transfers to the surviving partner without the need for probate.

If it's a simple estate, she could probably do most of it herself, but it is a good idea to at least talk to a lawyer. If funds are tight, she could start with an appointment with the legal aid sessions at the Palmdale Library on Tuesday afternoon/evenings. https://cityofpalmdale.org/DocumentC...Program?bidId=. They can't do the work for her, but they can advise her how to start to approach this. If she isn't in the right space to tackle it herself, I'm sure they could make a solid local referral. Also, if you do use a lawyer, when you get some names, call and ask for a free initial consultation so she gets a feel for them (and their prices) before making her choice. It's standard practice, so if they balk at it, that's a sign to move on to the next name.

I'm very sorry for your friend, what a sad and traumatic time.

[GodsQ]

@Cloudwalker... Thank you sooo much. I really appreciate that and can't wait to share with her. She is sooo devastated, understandably so, they were together 30 years. Yea, we didn't know if she needed an attorney, but thought so because he did NOT have a will. And he has adult kids from previous marriage. She had one of his pins, cause you just never think about those lil' things... but even though they had been married many years, the bank won't let her access his money because they said because he didn't have a will, they don't know if he may have wanted his kids to have some. So this is a cautionary tale for others. And she doesn't even want to touch the one she has pin for, because she doesn't want to do anything wrong.
How nice of you to care about a stranger. Seems rare these days. I'm going to help her design the programs and obituary. At least he had some funeral insurance or coverage but the listed cemetary is far, cause of course over the years you move away. God will make a way.

[Cloudwalker]

OK, so no will means the estate probably will have to go through probate.

In terms of accounts, if she is listed on the account and the initials JTWROS (joint tenancy with right of survivorship) appear afterwards, she should be able to get access, but the bank cutting off access sounds like it may have been in his name only.

She should also contact social security straight away (some benefits pay from date of application, not date of death). From the age of 60, she should be entitled to a survivor's benefit as the surviving spouse living with him at the time of death or a widow's benefit if she is already receiving her own benefit. She is also entitled to a lump sum one time death payment of $255.

From SSA website
"Social Security uses the deceased worker’s basic benefit amount to calculate the percentage survivors can get. The percentage depends on the survivor’s age and relationship to the worker. If the worker who died was getting reduced benefits, we’ll base your survivor’s benefit on that amount. In most typical claims for benefits:
• A widow or widower, at full retirement age or older, generally gets 100 percent of the worker’s basic benefit amount;
• A widow or widower, age 60 or older, but under full retirement age, gets about 71-99 percent of the worker’s basic benefit amount;