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About Janet Brewer
Expertise

BE CAREFUL about taking legal advice from non-lawyers.

I am a licensed attorney in California. II am available to answer questions about probating estates, preparing wills and trusts, administering estates and trusts, forming family limited partnerships and limited liability companies, and establishing a wide variety of estate and gift tax-sensitive trusts (charitable trusts, children's trusts, irrevocable life insurance trusts, etc.).

I can also answer questions regarding the preparation of estate tax returns (Form 706) in taxable estates. Please note that I do not prepare trust income tax returns and cannot provide you with any information about that type of return.

Please note: I am only able to practice law in the State of California. I cannot answer specific questions about other states' laws; I can only provide some "general" information that may or may not apply to your situation.

Experience
I have practiced California estate, gift-planning, and probate law exclusively since 1991. I am certified as a specialist in estate planning and probate law by the California State Bar Board of Legal Specialization (there are less than 125 such specialists practicing in Santa Clara County and fewer than 7,000 practicing in California - out of over 170,000 lawyers statewide).

I have served as an Instructor in the CFP (certificate in financial planning) program at University of California – Santa Cruz, teaching the estate planning segment.

Organizations
Silicon Valley Bar Association
Wealth Counsel
Wealth Advisors' Forum
Executive Committee Member, Solo and Small Firm Section of the California State Bar (appointed to a 3 year term by the California State Bar Board of Governors)

Education/Credentials
I received my law degree (J.D.) from University of Denver Law School in 1975. I was admitted to the Colorado Bar in 1975 and to the California Bar in 1977 (NOTE: although I am a member of the Colorado Bar, I am on INACTIVE status there). I earned an M.B.A. in 1982, and I am currently studying for a Masters Degree in Taxation Law (LLM) at Golden Gate University Law School.
More at:
http://www.calprobate.com

Awards and Honors
2007, 2008, & 2009 - chosen as a "SuperLawyer" - one of the top 5% of Northern California lawyers practicing in the estate planning and probate area (www.superlawyers.com)

You are here: Experts > Money > Wills/Estate Planning > Trusts & Estates Law > Estate check

Trusts & Estates Law - Estate check

Expert: Janet Brewer - 11/2/2009

Question
My mom recently died and social security sent a check for $537 made out to "THE ESTATE OF " -- she had no other separate assets (my dad is still alive). When Dad went to deposit it at Citibank, they did not allow it. Is there any simple way to deposit the check without setting up an estate account for mom since she will not be receiving any other funds? Thank you.

Answer
I'm sorry about your mother's death. If Citibank wouldn't deposit the check and that's the only bank account your mother had while she was alive, I don't have any simple answers.

Your father might try going to the nearest social security administration office and seeing if they would re-issue the check. That's the only solution I can think of, since it would cost more to file a probate than the check is worth.

One possible solution (but I don't guarantee it would work) - try depositing the check through the ATM machine. Maybe no one will notice it says "estate".

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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