Action Line: BBB offers mediation service for probate issues
| Friday, Sep 11 2009 10:35 AM
Last Updated Friday, Sep 11 2009 10:35 AM
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Editor’s note: Action Line is a weekly column from the Better Business Bureau answering consumers’ questions and concerns about money and business issues.
Dear Action Line:
My father lived with my husband and me for several years before he recently passed away. My brother and I have never been close, but now things are really tense between us over the provisions of the will. He feels that as the eldest child and the only son he should have received more than the will provided for, including some family property.
My husband thinks Dad divided things the way he did out of thanks and gratitude for the care we gave him during his final years. I don’t have the energy or desire for a court battle, but I am also not willing to just give in and let my brother take everything. A friend told me that the BBB provides mediation services. Can you help us?
Dear Reader:
First, let me offer you my condolences on your recent loss.
Second, I need to point out that the BBB is not a legal agency and you need to consult an attorney if your brother contests the will.
However, we do offer a special mediation service just for probate court. This free mediation service is available to parties seeking to resolve issues such as wills, trusts, conservatorships and guardianships.
Whereas the typical court process results in a decision by the judge as to the legal merits of a case, BBB mediators help people forge a decision tailored to their individual needs. Our probate mediator has a bachelor’s degree in Legal Studies from National University and mediation training at the National Conflict Resolution Center in San Diego.
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Dear Readers:
The BBB serving Central California continues to receive calls from businesses concerned about a business filing scam. Fake letters are being sent to California businesses encouraging them to comply with their California Corporations Code filing obligations by submitting fees and documentation to a third party instead of to the Secretary of State’ office.
The scam request comes from a company claiming to be the Business Filings Division of the State of California and lists a Sacramento address. It includes a false seal of the State of California as well as specific code citations and urges immediate compliance in order to “avoid penalties, fines and suspension.” Victims who have fallen for this fraudulent filing paid $239, which is more than 10 times the actual $20 filing fee the state charges for California nonprofit corporations and all limited liability companies.
Businesses need to know that, according to the Secretary of State, “submitting the fees and filings required by the Corporations Code to a third party for filing with the Secretary of State does not meet the business entity’s statutory obligation to file a Statement of Information with the Secretary of State.”
Anyone receiving a solicitation letter that seems misleading or confusing is urged to contact the California Attorney General’s Office at www.ag.ca.gov/consumers/general.php or by phone at (916) 322-3360 or toll free at (800) 952-5225.
Businesses may also contact the BBB at (800) 675-8118 for help in verifying the legitimacy of filing requests.
Vickie Sanders is assistant director of business services for the Better Business Bureau serving Central California. Send your consumer concerns, questions and problems to Action Line at the Better Business Bureau, 1601 H St., Suite 101, Bakersfield, CA 93301 or vickie@bbbcencal.org.
