It used to be enough for a fiduciary and her attorney to simply search through a decedent’s or incapacitated person’s papers in his or her workplace and at home, watch the mailbox for a 90 day cycle, and review tax returns and account statements. Things are more complicated now and a fiduciary must take several more immediate steps with regard to digital assets.
Question: You file a breach of contract suit and begin negotiating with the defendant. You agree on a settlement, but the defendant dies before actually signing the settlement agreement. The defendant’s beneficiaries won’t be opening a probate, because there is less than $100k in assets. Under California law, what do you do?