There is so little money, that it's not worth hiring a lawyer. We don't even know where to start. His death was unexpected, and there is no one named on his account.
2006-06-26 14:22:58 · 16 answers · asked by russianoxford 2 in Politics & Government ➔ Law & Ethics
My husband died unexpectedly 3 weeks ago, without a will. I realize this is a brother but it works the same way.
You need to go to surrogate court.
Fill out the form for a executor for small estate (as long as the estate is under $20,000).
You must list all his assets, property and debts.
The filing fee is $1.
In about 2 weeks (for me) you will get a official copy stating you are the executor of the estate.
You must liquefy all assets, pay off all debts starting with his funeral expenses.
Once that is paid, you pay off any credit cards or bills he has. After that is done, the remaining monies are distributed to his heirs.
Surrogate court will be very happy to answer any of your questions but...they will not give out legal advice.
2006-06-29 11:58:07 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Contact legal aid to see if they have an attorney that would help you.
Many states have a simplified procedure to administer small estates. Your probate court may have information on-line that could help you.
Ask the bank they might have some idea.
If there is a law school anywhere near you, contact them and see if they have any sort of clinical program for the students to work on real life problems. If they don't contact the professor who teaches probate and see if you can interest him in assigning your problem as an extra credit assignment.
Fees for the attorney doing the probate are paid out of the probate estate and are a set percentage of the estate. If the estate is only one bank account, you may be able to find a probate attorney who is willing to take the case as 99% of the work will be done by a para-legal, and he/she can still make a little bit.
Better yet, DO YOU other members of your family have wills? If not, make a package deal with an estate planning/probate attorney: Wills for the living and do the small probate.
2006-06-26 18:25:44 · answer #2 · answered by shoshidad 5 · 0⤊ 0⤋
There may not be enough money to hire a lawyer for, but is there enough there to justify getting some advice from one? You really should be talking to someone who knows the law and not just anyone who may steer you wrong as can happen on the Internet. Have you tried the legal aid division of your state's government? It sounds as though you may be in the low-income level and, because of that, might be able to get free legal guidance and/or help with your problem.
2006-06-26 14:30:36 · answer #3 · answered by quietwalker 5 · 0⤊ 0⤋
Go to the bank and speak with the manager. They will tell you what they need to release his account.
From what you say a lawyer will cost you more then there is in the account.
2006-06-26 14:26:52 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You can only get the money in the bank account if you were listed as survivership.
2006-06-26 14:47:14 · answer #5 · answered by Dave. F 2 · 0⤊ 0⤋
If you are his direct relitives, then the money should go directly to you because he has no will apointing it otherwise. A quick conversation with the bank manager can get you alot of answers, and he might guide you on the fastest step to getting to it.
Sorry about your loss.
2006-06-26 14:24:51 · answer #6 · answered by monomat99 3 · 0⤊ 0⤋
who ever got the death certificate can actually got to the bank and talk to a rep and present them with that with info on what you are as in relation to the person (you are brother/sister of said deceased) and then they may empty the account for you and then close it because he is deceased.
2006-06-26 14:27:40 · answer #7 · answered by uchaboo 6 · 0⤊ 0⤋
Techniqually it would go to the parents if there was no spouse, children, or grandchildren. If the parents are previously deceased then the order will continue to brothers, sisters, nieces, nephews. After that it would go to neices heirs or nephews heir etc etc. Other than that it would go to the state.
2006-06-26 14:38:17 · answer #8 · answered by :Anonymous: 2 · 0⤊ 0⤋
I am so sorry to hear about the death of your brother. Your mother will have to go to the bank (with his death certificate) and close his bank account. It will be hard, so you can go with her for support. My deepest sympathies...
2006-06-26 14:24:44 · answer #9 · answered by ddevilish_txnfml 4 · 0⤊ 0⤋
I would think you'd be able to access it once you took in his death certificate and some information identifying you as next of kin.
2006-06-26 14:25:06 · answer #10 · answered by Robin W 2 · 0⤊ 0⤋