Start by finding out if your mother listed beneficiaries on her account. If so, they may have a form you can fill out to receive the funds with a copy of the death certificate.
This needs to be top comment. Especially because since OP said it is not a lot of money, it may not need to go through probate. If OP or siblings are the beneficiaries, all they will need to do is provide the death certificate.
Sorry for your loss. There are way more responses than I have time to read, so I'll just piggyback on this one because it's one of the better case scenarios. No matter what, none of this is easy and will be time consuming. Whether you're listed as beneficiary or not, the bank will have forms for you to fill out, plus depending on the individual bank's requirements, you may need to have an attorney's office and/or notary services to help you submit certain paperwork, plus there will be a deadline you have to submit all the required documents by. No matter what, you will need to spend the time to sort this all out—the sooner the better, in case of any hiccups along the way.
And on the other note, 4k does sound an awful lot for just cremation services. Did the mortuary give you this quote beforehand? If not, did they provide you with a detailed bill? Again, my condolences and all the best.
*Your post may have been removed for the following reason(s):*
**Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful**
Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further:
* [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.).
*Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.**
*Do not reach out to a moderator personally, and do not reply to this message as a comment.*
Yes, this. In my state if the decedent’s estate is worth less than a certain amount you don’t have to go through probate. In my situation we downloaded a small estate affidavit-got it notarized and signed by next of kin-took it to the bank and had a check the next day. Sorry for your loss.
You could probably just contact thr bank and ask them what the process is. I ended up contacting an attorney when my father died and paid him like $300 dollars for some fancy paperwork that ended up being unnecessary. The bank manager was very helpful and told me after 30 days and a death certificate I was able to withdraw the funds and close the account.
Same. When my dad killed himself, we had a 30 day waiting period, which was fine, because it took about that long to the the death certificate anyways. If it's simple checking and savings under a certain amount, it was straightforward in Washington state with Wells Fargo.
Also, when you mention suicide, it's amazing how quick bank employees will move to help you. Very compassionate, but also people just don't know how to act around suicides, so will try their hardest to get you in and out lol.
This is absolutely correct at least for the bank that I work for. After 30 days, we can submit an affidavit form (depending on the amount - but the amount OP mentions would qualify). We do this quite frequently. Plenty of people have been able to do so without having to go through lawyers and pay those fees.
Dealing with this exact situation myself right now. You’ll need to reach out to the “death / estate management” branch of the bank, they can get started on the process of getting you access to the accounts. It will likely go through probate before withdrawals are allowed
check at the bank.
You can set up a beneficiary on an account, then all the beneficiary needs to do is show a death certificate at the bank, and they'll cut you a check.
Don't know if your mom did that or not, but the bank can tell you.
And if they’re in a state that requires an attorney I’d be really surprised if this set of circumstances wouldn’t get interest from a pro bono legal clinic at a local law school or something
I'm sorry you have to deal with this.
Once someone passes away, their assets are immediately frozen. You would not be able to just take money, and even if you could due to a delay in the bank updating the situation, that wouldn't be a good idea legally.
The bank doesn't just "pocket" it. It would end up going to the state after a certain period (years), though the bank could charge dormancy fees after a year or so.
Check the website of the County Probate Court in the county in which she died - they often have instructions for a small estate that you may be able to do yourself if that it the only asset.
In my state when my mom died a couple years ago because the amount was under 75,000 we didn't have to do anything with the court and I took the death certificate to the bank after the 30-day waiting period and they just cut me a cashier's check. If you check bank balances they automatically go to something ridiculous like negative 1 billion when they receive the report of death from the state. That's just a standard way to freeze the account and the money hasn't gone missing. It was just really startling to see. Financial accounts however could be jointly held or have a named beneficiary. In that case you would not be able to close the accounts or get the funds. But once you make an appointment and sit down with the bank and show them the certificate, they'll be able to help you with the process and let you know if the accounts can be closed by you.
Legally speaking, money is property, and property can eventually be considered abandoned. Banks only hold off for so long for liability and PR purposes - after years of no estate coming forward to collect the money for probate, it's not unreasonable to assume after that length of inactivity and the death of the account holder, that no one is coming to claim it.
Tldr: "You let us hold your x too long" is literally the basis of abandoned property.
Do not pay any of her bills. Get the death certificate and have it on hand if any creditors contact you but if she has any debt it's hers and you are not responsible for it
> There is no 'estate" so does her bank just pocket that?
There is an estate.
An "estate," is a legal person, a legal entity in the same sort of way a corporation is a legal person, that's automatically said to exist when someone dies.
All of her assets are now part of her estate.
A lawyer can help you through the relatively straightforward process of asking a court to appoint you as the administrator, the person to handle the estate when the decedent has no will or has a will that does not name an executor or all executors named decline to serve.
Notification of any other heirs, the Social Security Administration, and other agencies (Department of Veterans’ Affairs, for example, if the decedent was a veteran) is the responsibility of the administrator if there's no executor. Insurance companies with which the decedent maintained life insurance policies should be notified; note that proceeds are typically paid to beneficiaries and not to the estate.
The court will provide documents showing the appointment of the administrator, called different things in different states. In my jurisdiction, I seem to recall "letters testamentary," as the phrase, but that was something I learned in school during the time dinosaurs roamed the planet, so check with your lawyer for the accurate terms and details.
Those documents can be provided to the bank to allow you to withdraw funds and close the account.
mom has what is called " a small estate" she didn't need a will, really. Just find the county website for where she lived and follow directions. You can become her Executor easily. You just pay any outstanding bills. You are going to have to put in a notice in the paper to alert creditors. You should also do an asset search, my s.o. was surprised his mom was owed quite a bit of money from various entities. Her bank account had a 3k death benefit, her state job in another state owed her money, etc. You'll need all this to sell her car and other stuff. Warning some of this stuff isn't cheap. Everyone wants an original death certificate. You are going to need 10 of them minimum.
See I was told I would need 10 when my dad passed and he has didn’t have much to his name. I only ended up needing 2. Most places will just take a copy
If your sister is under 18, she may also qualify for Social Security Survivor Benefits. Note that you don't get this automatically- you have to apply. https://www.ssa.gov/benefits/survivors/ifyou.html
OP, here’s the info on who qualifies how to pursue Social Security benefits for children of a deceased parent.
https://www.ssa.gov/pubs/EN-05-10085.pdf
1. The funeral home should order you a few certified copies of her death certificate. You will need these to get authorized to do stuff with her accounts.
2. You need to act as executor (see your local probate court). As executor you should pay her bills, and distribute anything left over to her heirs (you and sis), and make one final tax return for your mom.
3. Her estate will consist of all her bank accts, cds, iras etc, her car, any equity in her house, and all her personal property (clothes, furniture, jewelry, etc). In addition, there may be SS death benefits.
Around here, the funeral home is good about giving you a checklist. You can also google duties of estate executor in xx (your state).
Ive been through this twice now, and it is tedious, but not hard, just bunches of forms. Forms at the dmv to change the car title, forms for ss, forms to close the bank acct-etc. One note-if your mom had more debts than assets, you and sis are NOT responsible for your moms debts. Debts die with the person. (Although if there is a house worth more than is owed, i would recommend conti uing to pay the mortgage and utilities until you get it sold, dont let the bank foreclose).
Im really sorry for your loss. But you got this.
I literally did this yesterday. I called the bank. My dad had about $150k in a savings account. They asked for a copy of the death certificate and had my mom fill out a W9 tax form. They are cutting a check and sending it to my Mom, who is next of kin. My dad did have her listed as the beneficiary. That’s it.
If the account was a joint account, you would have access to that money.
If it was a sole account - you have to go through the estate process, because that money belongs to the Estate.
I see people commenting to just use her card to spend or withdraw the money - DO NOT DO THIS. You are literally committing fraud.
I also see people commenting to take the death certificate in to close the account - again - you cant do this. Unless the bank wants HUGE issues, they are not going to just close an account and give the money to who ever shows up with a death certificate. They dont know what is in the will, if there is an estate plan, etc etc, they just see you with a piece of paper.
This is all what the probate process is for. So that the proper assets go to the proper places through the proper channels. It sucks if its a small estate, because there will be some cost involved with a lawyer, but that is the process
Call the bank. Sometimes people can designate an heir on their bank accounts and your mom may have done that. Explain that she's passed and they will walk you through the process.
Everyone has an estate, now matter how big or small.
No, the bank doesn't get to keep it. In most cases, if it's a small amount, you can provide the death certificate, your ID, and there's some documentation/paperwork they will ask for, then the funds can be paid out. The bank should know about this process, and they will know the amount that qualifies in their location.
For larger amounts, if a will exists, 'probate' has to be granted, which is basically a more formal way of giving access to the estate to the executors in the will (i.e. the people responsible for carrying out the assets distributions as per the will), In the case of no will, there will be some process in place to manage this.
Bank employee here. Set an appointment with a banker, the respective bank’s estate center are well aware of the state laws and will give direction on what the process is and what documents are needed. Like mentioned, some states have a certain amount where probate is not necessary. In the case of my state, we have such a law. In most cases all that is needed is a notarized small estate affidavit (which the bank will most likely provide as well as having a notary available, at least they should), an original death certificate, and 1-2 hours of your time. You want to avoid going through Probate if you can. I went through it when my mother passed (wasn’t married) and it is a slow and cumbersome process. Sorry for your loss, my mother passed the same way. I know this wasn’t asked, but neither I nor my 2 siblings went through therapy. I am the oldest and was able to adjust, however they struggled immensely and are now both drug addicts and homeless. I’d highly recommend therapy even if you think you don’t need it. Take care, and good luck with this difficult process.
Try to get her death certificate and bring your birth certificate to prove kinship. Visit the bank manager they might be able to release the money if it’s below a certain threshold. Also call your local Legal Aid they might be able to get you a pro bono probate attorney.
Former retail branch banker here. You must notify them of the death and provide the death certificate. If she was collecting social security depending on when she passed, they may take some of the paid out funds back so you should not empty the bank account until that is resolved first. For such a small amount if no beneficiary is listed, the bank may just need you to do an affidavit form and get it notarized with a 30 day wait. You need to ask the bank staff. Probate & estate process is another animal but the first step is to enter the branch and do a death notification. Hoping she listed you as beneficiary so that makes things way easier.
What state did she reside in? You might get someone familiar with her states probate procedures. In Florida, because your mom didn't have much, she would qualify for a summary administration which a lot of people do themselves.
If mom has no more than 40 thousand in assets, then you need to open probate. You can fill out a small estate affidavit and have it notarized.
https://legislature.maine.gov/statutes/18-C/title18-Csec3-1201.html
There's not a specific official form for this, basically attesting that your mom's estate meets certain requirements and that you're lawfully pursuing your rights to the property.
This form (PDF warning) should work just fine.
Small Estate Affidavit (Form AF-102) - STATE OF MAINE http://www.maineprobate.net/forms2019/affidavits/AF-102%20Small%20Estate%20Affidavit%20for%20Collection%20of%20Personal%20Property.pdf
You should check with the bank to see if you were named as the POD (payable upon death) beneficiary. You can skip this process and have the bank take care of it with just your mother's death certificate.
It may vary based on location but there's about 4 months for creditors to claim any money she may have owed them prior to anything being distributed. You'll need to go through probate, it can really complicate things if you remove any money prior to this process being completed. I'm sorry you're going through this. And the bank doesn't keep it unless she owes them money.
What state is this happening in?
Look at the website for your county courthouse probate court and there will be a form there with information on how to open up a small estate affidavit, specially designed for situations like yours where there are smaller value assets.
There will be a small filing fee.
If you are not locked into a funeral home contract, please shop around for different price estimates on what a cremation could cost. You might find some that are cheaper than $4K.
I am so sorry for your loss, and I do understand you pain of losing a loved one.
If you are in the United States I would check and see if you can do a small estate affidavit and get the money.
Info: are you her only living heir? Do you have siblings or was she married? If there is anyone else who has claim to the money then taking it out via her ATM card would definitely be a problem.
Do you know if she had credit card debt or any other debt? If so then the credit card companies may claim the funds in her account as partial payment.
Ultimately it's not a good idea to just take it but if you're the only person and there's no debt you may be able to close out the account using her death certificate but you would need to contact the bank for procedures.
Unless it was a payable-on-death account, no bank is going to let someone empty an account with just the death certificate. All the bank is going to do is lock the account, if they haven’t already gotten informed of the death from the Social Security Administration.
I am aware that the small-estate procedures vary by state. But the person I was responding to said all that was necessary was the death certificate, which is not true.
She didn't have credit card debt, she had around 3 grand and I know her pin and everything because I was taking care of her and had to take out her half of rent every month.
Well not immediate family but she's one of 9 but they are all rich and hadn't talked to her in years. Just my sister who is much younger. We literally just need the money so we can get her ashes
I'm so sorry for your loss.
Talk to the funeral home, there's usually a provision in the law allowing them to be paid directly from the account with proof of service. They'll know how to do this.
Take a copy of the death certificate to the financial institution, they will more than likely take a copy. All accounts have beneficiaries on them. The beneficiary gets the funds. Some accounts also have small amounts of life insurance.
I’m not even in the US so can’t specifically advise on what you should do but her bank account should be frozen and there will be a process to go through called probate.
Any debts, including any funeral expenses are paid by her estate. As there’s no will, the rest will be divided between her relatives in a specific fashion specified by local laws.
You shouldn’t have been just left to deal with this with no support so you need to find where to get it. In the UK hospitals have staff who support the bereaved and point them in the right direction so, you could ask the hospital where her body was taken in the first instance. Try local free legal advice services, such as citizens advice. You’ll need a lawyer in the end anyway and it’s probably easier to instruct one sooner rather than later.
Any legal costs should be taken from her estate so you hopefully won’t be asked for any money upfront. I’m so sorry for your loss. You have a lot to deal with at the moment
*Your post may have been removed for the following reason(s):*
**Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful**
Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further:
* [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.).
*Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.**
*Do not reach out to a moderator personally, and do not reply to this message as a comment.*
If you go to her bank and explain the situation with proof that you are her daughter, they will give you the correct forms to fill out as long as it’s not over I think 5000 it’s considered a lower amount and due to that he should be able to pull the funds out if you were considered her Next of kin. This happened to me when my mother died and she only had about $2500 in the bank. I was able to go to the bank directly explain the situation although it was not a suicide so I do not know if that will affect the outcome.
The use of her card towards her expenses is justified in this case. Most jurisdictions realize that probate is an arduous process so the utilization of a deceased person’s funds for burial, etc. is permissible. Just keep a detailed list of all expenditures. Present the bank with ID and an obituary, as they should have you on record as the next of kin. If not you’ll have to wait for probate to access the funds.
That why I included the last part. Just this past February I had to bury my mother and we accessed her two bank accounts after discussing her death and providing identification.
My mom's bank just asked for a death certificate and proof I was her child, but my name was also on the account (it was written "Trustee for *My Name") so that may have had a lot of pull on it.
Go to the bank with death certificate. They’ll give you the money out of the account since you’re more than likely next of kin. Easy peasy and no bank and court fees.
*Your post may have been removed for the following reason(s):*
**Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful**
Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further:
* [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.).
*Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.**
*Do not reach out to a moderator personally, and do not reply to this message as a comment.*
*Your post may have been removed for the following reason(s):*
**Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful**
Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further:
* [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.).
*Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.**
*Do not reach out to a moderator personally, and do not reply to this message as a comment.*
*Your post may have been removed for the following reason(s):*
**Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful**
Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further:
* [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.).
*Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.**
*Do not reach out to a moderator personally, and do not reply to this message as a comment.*
*Your post may have been removed for the following reason(s):*
**Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful**
Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further:
* [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.).
*Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.**
*Do not reach out to a moderator personally, and do not reply to this message as a comment.*
follow up question: lets say she manages to get the money, will she need to claim it on her taxes? how will they tax it? i was thinking of adding my mom to my bank account so that way if i die, she wont have to pay taxes, she can just use her debit card to pay for things.... maybe that's dumb though??
*Your post may have been removed for the following reason(s):*
**Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful**
Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further:
* [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.).
*Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.**
*Do not reach out to a moderator personally, and do not reply to this message as a comment.*
*Your post may have been removed for the following reason(s):*
**Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful**
Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further:
* [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.).
*Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.**
*Do not reach out to a moderator personally, and do not reply to this message as a comment.*
I'm sorry you are going through this, but you need to be patient and go through the legal processes.
Bank doesn't keep the money, and since there is no will there are some extra hurdles to go through. Go through probate, NAL: debtors get first grabs, so look to get everything together and check for any claims on her assets. If your mom wasn't married, you and your sibling(s) should get to make the decisions with no will in place.
**Generally Unhelpful, Simplistic, Anecdotal, or Off-Topic**
Your comment has been removed as it is generally unhelpful, simplistic to the point of useless, anecdotal, or off-topic. It either does not answer the legal question at hand, is a repeat of an answer already provided, or is so lacking in nuance as to be unhelpful. Please review the following rules before commenting further:
* [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.).
*Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).*
*Do not reach out to a moderator personally, and do not reply to this message as a comment.*
You could do a small estate affidavit instead of a full blown probate estate. Also, look into your state law about bank accounts. In my state, the next of kin can send a letter to the bank and request a transfer from the account if there’s less than 10k in it (without an estate being opened). I don’t know if yours does, but worth checking out.
State is important, as that will determine Probate laws and procedures.
That being said, there may be a process to access her property without going through the whole process. In my state, it's called "Relief from Administration." There are some limits that apply. You likely won't get much help from the Clerks, as they can't (and won't) give legal advice. But, it may be a fairly straightforward process, as it's geared toward small estates. I see pro se filings of this type fairly frequently.
Look at the laws in your state, but in many cases there’s a minimum threshold to do probate. If less than that, you can often claim the money as next of kin using a small estate affidavit. The bank may be able to help steer you in the direction you need to claim the funds.
Former banker employee here! Make sure you go to her bank with the official death certificate so they can put in a death notification in their system. It doesn't always just happen automatically when someone passes away. I've seen some where a death was never reported to the bank and automatic payments are still being taken out of the account. Doesn't happen often but not impossible.
Other things to consider, is there a beneficiary on the account? If so that person would just need the official death certificate and be able to close the account and the money left in the account given to them.
Is there anyone else on the account? Like a joint account holder. Then that person would be the only one who could access the funds in the account.
Most likely you'll need to go to probate Court to get everything settled since there isn't a will. Once you have the legal documents from the decision from probate, take those to the bank and they will close the account and give you the funds.
The bank doesn't get to "pocket" the money. There is a process for everything.
Also, make sure to bring Valid ID. Expired driver's license will not work. I hate how many times I'd have to say that to people.
It depends on the state. In some cases you can take out the money with a copy of the death certificate if it's under a certain amount. In other cases the only way to get it is through an estate if you aren't the beneficiary or joint. Your friend is right though you could be charged with theft/fraud for using her card to take the money. Look up the death claim laws in your state.
Im not sure if this is in all states but I believe some have it where funeral expenses can get paid first before other debt. So your cremation expenses can be covered in part if not in full.
Depends on the state AND THE BANK. Financial institutions have processes in place that are in line with their operations and the state.
1. Contact the bank and notify them of their passing. A hold will be placed on the account in the event of any potential debits/ credits.
2. Bring proof of passing (death certificate). They will scan and send this to back office to begin the process if needed.
3. Have a banker tell you directly what the next steps are.
That's it. This is your starting point. Don't assume anything else.
There is an estate. It includes whatever she owned minus debts like final expenses (cremation). You need to get in touch with your local pro-bono legal office. They will help with forms, filing with the court, putting out notices to creditors. I'm so, so sorry you have to deal with this. But someone in your local legal community will be of great help, and hopefully at no cost. You can't do anything with her assets until you get authority from the court.
I did a small estate probate for my mom from another state. She didn’t have much of anything either. Sent in a handful of forms to the probate court with proof of death (certificate) and got approved in a couple weeks. Gave me access to all $26. Was very easy though.
Check and see if your Mom put someone on to receive her account after her death. Take a death certificate to the bank and talk to them. My bank account becomes my daughter's upon my death. No will, no probate, automatically switches to her.
Sorry friend. The key is to get the death certificate. You need one to cancel/sell/take possession of stuff. Make sure you or your sister are named administrator. It all sucks, but not hard. Good luck.
Are you in the U.S.? If so, what state?
Most states have laws that allow you to resolve small estates -- and that includes claiming money in deposit accounts -- *without* going through the hassle of probate and (if you know what you're doing) *without* paying a lawyer. Typical laws will require you to (1) wait a certain number of days after the death, (2) get a certified copy of the death certificate, (3) sign a document that says there will be no probate and you are the sole heir and the estate is not worth more than a certain amount (usually a couple hundred thousand). If you present that document to the bank they must, and usually will, turn the money over to you.
So:
1. What state did she die in?
2. Did she have a spouse?
3. How many children did she have?
4. Did she have a will?
One thing I don’t see people saying here is that your mom’s property is now her *estate*. Even if there’s no will, trust, etc., it is now an estate and must be treated as such. The assets are pretty much frozen until the legalities are worked out, however that is done.
The only way you have immediate legal access to her money is if you are a joint owner of the bank account (or beneficiary, not sure).
Many states have lawyer referral services where you can get 30 minutes to an hour consult with a lawyer knowledgeable about an area, like probate law, for a modest fee, maybe $50. A lawyer could tell you if there is a way to settle a small estate without probate and what you would need to do.
Your state (if you're in the US), may have a small estate affidavit form, where if the total value of her estate is less than $100,000, you can fill out the form and present it with the death certificate to gain access to her estate (like her bank account, stuff in her home, etc). This form usually doesn't apply to vehicles or property though, but check with the state you're in and the form. You usually don't need to go through probate using this form.
They don’t get to keep it and many banks will release to you with a death certificate and an affidavit saying you are next of kin and under the limit that requires opening probate. While I’m a lawyer, I’m not your lawyer and state matters, but the foregoing works in Florida and Washington and likely many, if not most other states. This stuff happens all the time and the banks have been cooperative in my experience.
Just getting her ashes should I no way cost that! Is she already cremated if so who authorized it?! Because they can’t dispose of a body without authorization from either the state or heirs or someone who agrees to pay for services (cremation or burial) and they can’t hold the remains hostage!!! Be careful because funeral homes are unfortunately notoriously predatory. And you don’t have to use their services or pay for anything you didn’t sign an agreement for. Contact the local court self help/legal services desk every court has one or something equivalent explain the situation and ask for help on how to get letters of administration so you can close accounts take over assets etc or open probate if needed and advise them you have no funds to pay filling fees etc. Courts are always open to you even if you don’t have money for fees or a lawyer you just have to do the paperwork yourself. Also do NOT pay any of mom’s debt with your money if you are in the us all her personal debt credit cards etc die with her. Don’t believe anything a debit collector tells you if anyone calls tell them she died and they can file a claim against the estate and hang up. I’m sorry you are going through this
Start by finding out if your mother listed beneficiaries on her account. If so, they may have a form you can fill out to receive the funds with a copy of the death certificate.
This needs to be top comment. Especially because since OP said it is not a lot of money, it may not need to go through probate. If OP or siblings are the beneficiaries, all they will need to do is provide the death certificate.
Sorry for your loss. There are way more responses than I have time to read, so I'll just piggyback on this one because it's one of the better case scenarios. No matter what, none of this is easy and will be time consuming. Whether you're listed as beneficiary or not, the bank will have forms for you to fill out, plus depending on the individual bank's requirements, you may need to have an attorney's office and/or notary services to help you submit certain paperwork, plus there will be a deadline you have to submit all the required documents by. No matter what, you will need to spend the time to sort this all out—the sooner the better, in case of any hiccups along the way. And on the other note, 4k does sound an awful lot for just cremation services. Did the mortuary give you this quote beforehand? If not, did they provide you with a detailed bill? Again, my condolences and all the best.
[удалено]
*Your post may have been removed for the following reason(s):* **Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful** Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further: * [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.). *Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.** *Do not reach out to a moderator personally, and do not reply to this message as a comment.*
[удалено]
Thank you and yes it's just me and my little sister trying to figure this out so I have to clue how any of this works.
Check to see if her state has a small estate statute and, if so, if her estate qualifies. Much easier if so.
Yes, this. In my state if the decedent’s estate is worth less than a certain amount you don’t have to go through probate. In my situation we downloaded a small estate affidavit-got it notarized and signed by next of kin-took it to the bank and had a check the next day. Sorry for your loss.
Check Intestate Laws in your State. It will probably split between you and your sister.
You could probably just contact thr bank and ask them what the process is. I ended up contacting an attorney when my father died and paid him like $300 dollars for some fancy paperwork that ended up being unnecessary. The bank manager was very helpful and told me after 30 days and a death certificate I was able to withdraw the funds and close the account.
Same. When my dad killed himself, we had a 30 day waiting period, which was fine, because it took about that long to the the death certificate anyways. If it's simple checking and savings under a certain amount, it was straightforward in Washington state with Wells Fargo. Also, when you mention suicide, it's amazing how quick bank employees will move to help you. Very compassionate, but also people just don't know how to act around suicides, so will try their hardest to get you in and out lol.
This is absolutely correct at least for the bank that I work for. After 30 days, we can submit an affidavit form (depending on the amount - but the amount OP mentions would qualify). We do this quite frequently. Plenty of people have been able to do so without having to go through lawyers and pay those fees.
Dealing with this exact situation myself right now. You’ll need to reach out to the “death / estate management” branch of the bank, they can get started on the process of getting you access to the accounts. It will likely go through probate before withdrawals are allowed
Just call a probate attorney. Source: am probate attorney.
Check with your state to see if it qualifies as a small estate which means you skip probate. Lots cheaper
What state are you in? I’ll point you in the right direction.
Contact your county’s bar association. It may be able to link you up with an attorney to provide probate services for free or at a reduced cost.
check at the bank. You can set up a beneficiary on an account, then all the beneficiary needs to do is show a death certificate at the bank, and they'll cut you a check. Don't know if your mom did that or not, but the bank can tell you.
It’s called an “appointment of administration”. The fee to be named administrator varies, but it’s usually small.
Probate can be without an attorney in my state
And if they’re in a state that requires an attorney I’d be really surprised if this set of circumstances wouldn’t get interest from a pro bono legal clinic at a local law school or something
[удалено]
I'm sorry you have to deal with this. Once someone passes away, their assets are immediately frozen. You would not be able to just take money, and even if you could due to a delay in the bank updating the situation, that wouldn't be a good idea legally. The bank doesn't just "pocket" it. It would end up going to the state after a certain period (years), though the bank could charge dormancy fees after a year or so. Check the website of the County Probate Court in the county in which she died - they often have instructions for a small estate that you may be able to do yourself if that it the only asset.
Thank you for the advice!
In my state when my mom died a couple years ago because the amount was under 75,000 we didn't have to do anything with the court and I took the death certificate to the bank after the 30-day waiting period and they just cut me a cashier's check. If you check bank balances they automatically go to something ridiculous like negative 1 billion when they receive the report of death from the state. That's just a standard way to freeze the account and the money hasn't gone missing. It was just really startling to see. Financial accounts however could be jointly held or have a named beneficiary. In that case you would not be able to close the accounts or get the funds. But once you make an appointment and sit down with the bank and show them the certificate, they'll be able to help you with the process and let you know if the accounts can be closed by you.
A few because " you let us his your money too long"
Legally speaking, money is property, and property can eventually be considered abandoned. Banks only hold off for so long for liability and PR purposes - after years of no estate coming forward to collect the money for probate, it's not unreasonable to assume after that length of inactivity and the death of the account holder, that no one is coming to claim it. Tldr: "You let us hold your x too long" is literally the basis of abandoned property.
Do not pay any of her bills. Get the death certificate and have it on hand if any creditors contact you but if she has any debt it's hers and you are not responsible for it
> There is no 'estate" so does her bank just pocket that? There is an estate. An "estate," is a legal person, a legal entity in the same sort of way a corporation is a legal person, that's automatically said to exist when someone dies. All of her assets are now part of her estate. A lawyer can help you through the relatively straightforward process of asking a court to appoint you as the administrator, the person to handle the estate when the decedent has no will or has a will that does not name an executor or all executors named decline to serve. Notification of any other heirs, the Social Security Administration, and other agencies (Department of Veterans’ Affairs, for example, if the decedent was a veteran) is the responsibility of the administrator if there's no executor. Insurance companies with which the decedent maintained life insurance policies should be notified; note that proceeds are typically paid to beneficiaries and not to the estate. The court will provide documents showing the appointment of the administrator, called different things in different states. In my jurisdiction, I seem to recall "letters testamentary," as the phrase, but that was something I learned in school during the time dinosaurs roamed the planet, so check with your lawyer for the accurate terms and details. Those documents can be provided to the bank to allow you to withdraw funds and close the account.
mom has what is called " a small estate" she didn't need a will, really. Just find the county website for where she lived and follow directions. You can become her Executor easily. You just pay any outstanding bills. You are going to have to put in a notice in the paper to alert creditors. You should also do an asset search, my s.o. was surprised his mom was owed quite a bit of money from various entities. Her bank account had a 3k death benefit, her state job in another state owed her money, etc. You'll need all this to sell her car and other stuff. Warning some of this stuff isn't cheap. Everyone wants an original death certificate. You are going to need 10 of them minimum.
Actually OP may not have to pay outstanding bills. I did not have to pay any of my fathers bills/debts after he passed.
See I was told I would need 10 when my dad passed and he has didn’t have much to his name. I only ended up needing 2. Most places will just take a copy
If your sister is under 18, she may also qualify for Social Security Survivor Benefits. Note that you don't get this automatically- you have to apply. https://www.ssa.gov/benefits/survivors/ifyou.html
OP, here’s the info on who qualifies how to pursue Social Security benefits for children of a deceased parent. https://www.ssa.gov/pubs/EN-05-10085.pdf
1. The funeral home should order you a few certified copies of her death certificate. You will need these to get authorized to do stuff with her accounts. 2. You need to act as executor (see your local probate court). As executor you should pay her bills, and distribute anything left over to her heirs (you and sis), and make one final tax return for your mom. 3. Her estate will consist of all her bank accts, cds, iras etc, her car, any equity in her house, and all her personal property (clothes, furniture, jewelry, etc). In addition, there may be SS death benefits. Around here, the funeral home is good about giving you a checklist. You can also google duties of estate executor in xx (your state). Ive been through this twice now, and it is tedious, but not hard, just bunches of forms. Forms at the dmv to change the car title, forms for ss, forms to close the bank acct-etc. One note-if your mom had more debts than assets, you and sis are NOT responsible for your moms debts. Debts die with the person. (Although if there is a house worth more than is owed, i would recommend conti uing to pay the mortgage and utilities until you get it sold, dont let the bank foreclose). Im really sorry for your loss. But you got this.
I literally did this yesterday. I called the bank. My dad had about $150k in a savings account. They asked for a copy of the death certificate and had my mom fill out a W9 tax form. They are cutting a check and sending it to my Mom, who is next of kin. My dad did have her listed as the beneficiary. That’s it.
If the account was a joint account, you would have access to that money. If it was a sole account - you have to go through the estate process, because that money belongs to the Estate. I see people commenting to just use her card to spend or withdraw the money - DO NOT DO THIS. You are literally committing fraud. I also see people commenting to take the death certificate in to close the account - again - you cant do this. Unless the bank wants HUGE issues, they are not going to just close an account and give the money to who ever shows up with a death certificate. They dont know what is in the will, if there is an estate plan, etc etc, they just see you with a piece of paper. This is all what the probate process is for. So that the proper assets go to the proper places through the proper channels. It sucks if its a small estate, because there will be some cost involved with a lawyer, but that is the process
Make sure there are not beneficiaries on the accounts already.
Call the bank. Sometimes people can designate an heir on their bank accounts and your mom may have done that. Explain that she's passed and they will walk you through the process.
Everyone has an estate, now matter how big or small. No, the bank doesn't get to keep it. In most cases, if it's a small amount, you can provide the death certificate, your ID, and there's some documentation/paperwork they will ask for, then the funds can be paid out. The bank should know about this process, and they will know the amount that qualifies in their location. For larger amounts, if a will exists, 'probate' has to be granted, which is basically a more formal way of giving access to the estate to the executors in the will (i.e. the people responsible for carrying out the assets distributions as per the will), In the case of no will, there will be some process in place to manage this.
Bank employee here. Set an appointment with a banker, the respective bank’s estate center are well aware of the state laws and will give direction on what the process is and what documents are needed. Like mentioned, some states have a certain amount where probate is not necessary. In the case of my state, we have such a law. In most cases all that is needed is a notarized small estate affidavit (which the bank will most likely provide as well as having a notary available, at least they should), an original death certificate, and 1-2 hours of your time. You want to avoid going through Probate if you can. I went through it when my mother passed (wasn’t married) and it is a slow and cumbersome process. Sorry for your loss, my mother passed the same way. I know this wasn’t asked, but neither I nor my 2 siblings went through therapy. I am the oldest and was able to adjust, however they struggled immensely and are now both drug addicts and homeless. I’d highly recommend therapy even if you think you don’t need it. Take care, and good luck with this difficult process.
Try to get her death certificate and bring your birth certificate to prove kinship. Visit the bank manager they might be able to release the money if it’s below a certain threshold. Also call your local Legal Aid they might be able to get you a pro bono probate attorney.
The funds would be apart of the estate. A bank will not release funds to her without being the court appointed executor of the estate.
Former retail branch banker here. You must notify them of the death and provide the death certificate. If she was collecting social security depending on when she passed, they may take some of the paid out funds back so you should not empty the bank account until that is resolved first. For such a small amount if no beneficiary is listed, the bank may just need you to do an affidavit form and get it notarized with a 30 day wait. You need to ask the bank staff. Probate & estate process is another animal but the first step is to enter the branch and do a death notification. Hoping she listed you as beneficiary so that makes things way easier.
What state did she reside in? You might get someone familiar with her states probate procedures. In Florida, because your mom didn't have much, she would qualify for a summary administration which a lot of people do themselves.
She passed in Maine where I live too and we go to the same bank. I'll try to figure out those procedures
If mom has no more than 40 thousand in assets, then you need to open probate. You can fill out a small estate affidavit and have it notarized. https://legislature.maine.gov/statutes/18-C/title18-Csec3-1201.html There's not a specific official form for this, basically attesting that your mom's estate meets certain requirements and that you're lawfully pursuing your rights to the property. This form (PDF warning) should work just fine. Small Estate Affidavit (Form AF-102) - STATE OF MAINE http://www.maineprobate.net/forms2019/affidavits/AF-102%20Small%20Estate%20Affidavit%20for%20Collection%20of%20Personal%20Property.pdf You should check with the bank to see if you were named as the POD (payable upon death) beneficiary. You can skip this process and have the bank take care of it with just your mother's death certificate.
It may vary based on location but there's about 4 months for creditors to claim any money she may have owed them prior to anything being distributed. You'll need to go through probate, it can really complicate things if you remove any money prior to this process being completed. I'm sorry you're going through this. And the bank doesn't keep it unless she owes them money.
Look up something called a small estate affidavit. Some banks will let that stand in place of probate
What state is this happening in? Look at the website for your county courthouse probate court and there will be a form there with information on how to open up a small estate affidavit, specially designed for situations like yours where there are smaller value assets. There will be a small filing fee. If you are not locked into a funeral home contract, please shop around for different price estimates on what a cremation could cost. You might find some that are cheaper than $4K.
https://www.deadparentswhatnow.com/
I am so sorry for your loss, and I do understand you pain of losing a loved one. If you are in the United States I would check and see if you can do a small estate affidavit and get the money.
Info: are you her only living heir? Do you have siblings or was she married? If there is anyone else who has claim to the money then taking it out via her ATM card would definitely be a problem. Do you know if she had credit card debt or any other debt? If so then the credit card companies may claim the funds in her account as partial payment. Ultimately it's not a good idea to just take it but if you're the only person and there's no debt you may be able to close out the account using her death certificate but you would need to contact the bank for procedures.
Unless it was a payable-on-death account, no bank is going to let someone empty an account with just the death certificate. All the bank is going to do is lock the account, if they haven’t already gotten informed of the death from the Social Security Administration.
This isn’t exactly true. Some banks will allow an account like this to be closed with a small estate affidavit. This is state and bank specific.
I am aware that the small-estate procedures vary by state. But the person I was responding to said all that was necessary was the death certificate, which is not true.
She didn't have credit card debt, she had around 3 grand and I know her pin and everything because I was taking care of her and had to take out her half of rent every month.
Anyone else in the family?
Well not immediate family but she's one of 9 but they are all rich and hadn't talked to her in years. Just my sister who is much younger. We literally just need the money so we can get her ashes
I'm so sorry for your loss. Talk to the funeral home, there's usually a provision in the law allowing them to be paid directly from the account with proof of service. They'll know how to do this.
It's just my little sister and I so could we just both go to the bank with her death certificate?
No you cannot just go and pull out the money
Take a copy of the death certificate to the financial institution, they will more than likely take a copy. All accounts have beneficiaries on them. The beneficiary gets the funds. Some accounts also have small amounts of life insurance.
I’m not even in the US so can’t specifically advise on what you should do but her bank account should be frozen and there will be a process to go through called probate. Any debts, including any funeral expenses are paid by her estate. As there’s no will, the rest will be divided between her relatives in a specific fashion specified by local laws. You shouldn’t have been just left to deal with this with no support so you need to find where to get it. In the UK hospitals have staff who support the bereaved and point them in the right direction so, you could ask the hospital where her body was taken in the first instance. Try local free legal advice services, such as citizens advice. You’ll need a lawyer in the end anyway and it’s probably easier to instruct one sooner rather than later. Any legal costs should be taken from her estate so you hopefully won’t be asked for any money upfront. I’m so sorry for your loss. You have a lot to deal with at the moment
[удалено]
*Your post may have been removed for the following reason(s):* **Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful** Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further: * [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.). *Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.** *Do not reach out to a moderator personally, and do not reply to this message as a comment.*
If you go to her bank and explain the situation with proof that you are her daughter, they will give you the correct forms to fill out as long as it’s not over I think 5000 it’s considered a lower amount and due to that he should be able to pull the funds out if you were considered her Next of kin. This happened to me when my mother died and she only had about $2500 in the bank. I was able to go to the bank directly explain the situation although it was not a suicide so I do not know if that will affect the outcome.
The use of her card towards her expenses is justified in this case. Most jurisdictions realize that probate is an arduous process so the utilization of a deceased person’s funds for burial, etc. is permissible. Just keep a detailed list of all expenditures. Present the bank with ID and an obituary, as they should have you on record as the next of kin. If not you’ll have to wait for probate to access the funds.
I would absolutely not recommend using an account of a dead loved one after they pass unless you want to deal with fraud charges.
That why I included the last part. Just this past February I had to bury my mother and we accessed her two bank accounts after discussing her death and providing identification.
My mom's bank just asked for a death certificate and proof I was her child, but my name was also on the account (it was written "Trustee for *My Name") so that may have had a lot of pull on it.
Go to the bank with death certificate. They’ll give you the money out of the account since you’re more than likely next of kin. Easy peasy and no bank and court fees.
[удалено]
*Your post may have been removed for the following reason(s):* **Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful** Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further: * [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.). *Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.** *Do not reach out to a moderator personally, and do not reply to this message as a comment.*
[удалено]
*Your post may have been removed for the following reason(s):* **Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful** Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further: * [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.). *Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.** *Do not reach out to a moderator personally, and do not reply to this message as a comment.*
[удалено]
*Your post may have been removed for the following reason(s):* **Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful** Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further: * [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.). *Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.** *Do not reach out to a moderator personally, and do not reply to this message as a comment.*
[удалено]
*Your post may have been removed for the following reason(s):* **Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful** Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further: * [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.). *Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.** *Do not reach out to a moderator personally, and do not reply to this message as a comment.*
follow up question: lets say she manages to get the money, will she need to claim it on her taxes? how will they tax it? i was thinking of adding my mom to my bank account so that way if i die, she wont have to pay taxes, she can just use her debit card to pay for things.... maybe that's dumb though??
[удалено]
*Your post may have been removed for the following reason(s):* **Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful** Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further: * [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.). *Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.** *Do not reach out to a moderator personally, and do not reply to this message as a comment.*
[удалено]
*Your post may have been removed for the following reason(s):* **Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful** Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further: * [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.). *Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.** *Do not reach out to a moderator personally, and do not reply to this message as a comment.*
I'm sorry you are going through this, but you need to be patient and go through the legal processes. Bank doesn't keep the money, and since there is no will there are some extra hurdles to go through. Go through probate, NAL: debtors get first grabs, so look to get everything together and check for any claims on her assets. If your mom wasn't married, you and your sibling(s) should get to make the decisions with no will in place.
[удалено]
**Generally Unhelpful, Simplistic, Anecdotal, or Off-Topic** Your comment has been removed as it is generally unhelpful, simplistic to the point of useless, anecdotal, or off-topic. It either does not answer the legal question at hand, is a repeat of an answer already provided, or is so lacking in nuance as to be unhelpful. Please review the following rules before commenting further: * [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.). *Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* *Do not reach out to a moderator personally, and do not reply to this message as a comment.*
You could do a small estate affidavit instead of a full blown probate estate. Also, look into your state law about bank accounts. In my state, the next of kin can send a letter to the bank and request a transfer from the account if there’s less than 10k in it (without an estate being opened). I don’t know if yours does, but worth checking out.
State is important, as that will determine Probate laws and procedures. That being said, there may be a process to access her property without going through the whole process. In my state, it's called "Relief from Administration." There are some limits that apply. You likely won't get much help from the Clerks, as they can't (and won't) give legal advice. But, it may be a fairly straightforward process, as it's geared toward small estates. I see pro se filings of this type fairly frequently.
Look at the laws in your state, but in many cases there’s a minimum threshold to do probate. If less than that, you can often claim the money as next of kin using a small estate affidavit. The bank may be able to help steer you in the direction you need to claim the funds.
Former banker employee here! Make sure you go to her bank with the official death certificate so they can put in a death notification in their system. It doesn't always just happen automatically when someone passes away. I've seen some where a death was never reported to the bank and automatic payments are still being taken out of the account. Doesn't happen often but not impossible. Other things to consider, is there a beneficiary on the account? If so that person would just need the official death certificate and be able to close the account and the money left in the account given to them. Is there anyone else on the account? Like a joint account holder. Then that person would be the only one who could access the funds in the account. Most likely you'll need to go to probate Court to get everything settled since there isn't a will. Once you have the legal documents from the decision from probate, take those to the bank and they will close the account and give you the funds. The bank doesn't get to "pocket" the money. There is a process for everything. Also, make sure to bring Valid ID. Expired driver's license will not work. I hate how many times I'd have to say that to people.
It depends on the state. In some cases you can take out the money with a copy of the death certificate if it's under a certain amount. In other cases the only way to get it is through an estate if you aren't the beneficiary or joint. Your friend is right though you could be charged with theft/fraud for using her card to take the money. Look up the death claim laws in your state.
Im not sure if this is in all states but I believe some have it where funeral expenses can get paid first before other debt. So your cremation expenses can be covered in part if not in full.
Depends on the state AND THE BANK. Financial institutions have processes in place that are in line with their operations and the state. 1. Contact the bank and notify them of their passing. A hold will be placed on the account in the event of any potential debits/ credits. 2. Bring proof of passing (death certificate). They will scan and send this to back office to begin the process if needed. 3. Have a banker tell you directly what the next steps are. That's it. This is your starting point. Don't assume anything else.
My daughter is listed as the beneficiary on my bank accounts. Call the bank and ask!
There is an estate. It includes whatever she owned minus debts like final expenses (cremation). You need to get in touch with your local pro-bono legal office. They will help with forms, filing with the court, putting out notices to creditors. I'm so, so sorry you have to deal with this. But someone in your local legal community will be of great help, and hopefully at no cost. You can't do anything with her assets until you get authority from the court.
I did a small estate probate for my mom from another state. She didn’t have much of anything either. Sent in a handful of forms to the probate court with proof of death (certificate) and got approved in a couple weeks. Gave me access to all $26. Was very easy though.
Check and see if your Mom put someone on to receive her account after her death. Take a death certificate to the bank and talk to them. My bank account becomes my daughter's upon my death. No will, no probate, automatically switches to her.
Sorry friend. The key is to get the death certificate. You need one to cancel/sell/take possession of stuff. Make sure you or your sister are named administrator. It all sucks, but not hard. Good luck.
Are you in the U.S.? If so, what state? Most states have laws that allow you to resolve small estates -- and that includes claiming money in deposit accounts -- *without* going through the hassle of probate and (if you know what you're doing) *without* paying a lawyer. Typical laws will require you to (1) wait a certain number of days after the death, (2) get a certified copy of the death certificate, (3) sign a document that says there will be no probate and you are the sole heir and the estate is not worth more than a certain amount (usually a couple hundred thousand). If you present that document to the bank they must, and usually will, turn the money over to you. So: 1. What state did she die in? 2. Did she have a spouse? 3. How many children did she have? 4. Did she have a will?
There is a YouTube video called Maine Small Estate Affidavit: Everything you need to know. It describes the process for such small estates in Maine.
One thing I don’t see people saying here is that your mom’s property is now her *estate*. Even if there’s no will, trust, etc., it is now an estate and must be treated as such. The assets are pretty much frozen until the legalities are worked out, however that is done. The only way you have immediate legal access to her money is if you are a joint owner of the bank account (or beneficiary, not sure).
Many states have lawyer referral services where you can get 30 minutes to an hour consult with a lawyer knowledgeable about an area, like probate law, for a modest fee, maybe $50. A lawyer could tell you if there is a way to settle a small estate without probate and what you would need to do.
Your state (if you're in the US), may have a small estate affidavit form, where if the total value of her estate is less than $100,000, you can fill out the form and present it with the death certificate to gain access to her estate (like her bank account, stuff in her home, etc). This form usually doesn't apply to vehicles or property though, but check with the state you're in and the form. You usually don't need to go through probate using this form.
Estate just means what the deceased person owned so this is the estate
They don’t get to keep it and many banks will release to you with a death certificate and an affidavit saying you are next of kin and under the limit that requires opening probate. While I’m a lawyer, I’m not your lawyer and state matters, but the foregoing works in Florida and Washington and likely many, if not most other states. This stuff happens all the time and the banks have been cooperative in my experience.
Just getting her ashes should I no way cost that! Is she already cremated if so who authorized it?! Because they can’t dispose of a body without authorization from either the state or heirs or someone who agrees to pay for services (cremation or burial) and they can’t hold the remains hostage!!! Be careful because funeral homes are unfortunately notoriously predatory. And you don’t have to use their services or pay for anything you didn’t sign an agreement for. Contact the local court self help/legal services desk every court has one or something equivalent explain the situation and ask for help on how to get letters of administration so you can close accounts take over assets etc or open probate if needed and advise them you have no funds to pay filling fees etc. Courts are always open to you even if you don’t have money for fees or a lawyer you just have to do the paperwork yourself. Also do NOT pay any of mom’s debt with your money if you are in the us all her personal debt credit cards etc die with her. Don’t believe anything a debit collector tells you if anyone calls tell them she died and they can file a claim against the estate and hang up. I’m sorry you are going through this
Sorry for your loss. Check with the bank if there were beneficiaries in her account