My mom had died , her branch and account was in California, I live in Idaho. Her bank said I need a court order to have them release a copy of her bank statement which I need to track down where she had her life insurance through. I am real low buck dude trying to do this on the cheap, by myself if possible. It seems too simple and quick to need to involve an attorney. One wanted $4000.00 to even consider the case!
2007-07-05 12:38:02 · 4 answers · asked by ssunfish 2 in Politics & Government ➔ Law & Ethics
That isn't unusual, and no you do not have to get a CA attorney. Although I do NOT think you should do it, you can file that yourself. You might wish to try for free Civil Legal Aid. Go to your state's Bar Association web site for more information.
2007-07-05 13:05:52 · answer #1 · answered by cyanne2ak 7 · 0⤊ 0⤋
HERE'S THE CHEAP LOW-DOWN!
It seems a bit high for a lawyer to be charging! The truth is: a paralegal does all the paperwork, submits the papers to a court, then brings them back to the lawyer and the lawyer gives them to you. Don't settle for a lawyer's fee - always negotiate. After all, the lawyer should be used to it - that's what they do.
As for your question, rules vary state by state. If the bank is FDIC, then it has to adhere to federal standards, and out of state attorney paperwork will suffice. However, your birth certificate is recognised in all states, as well as your mother's death certificate. If you mail certified copies of these to the bank, they are supposed to release records and finances to whomever is declared in the will. For this you only need your local town hall (where birth & death records are made/kept) and a notary public to make an official copy of her last will and testament to be sent to the bank concerned.
On top of that, also get your bank to communicate with that bank and they can verify you are who you say you are and therefore get any money in there sent electronically to your own account. Truthfully, I'd go with the notary since that might only cost you $40 instead of $4000!
2007-07-05 20:14:29 · answer #2 · answered by ms_chick22 2 · 0⤊ 0⤋
Have a look at the nolo.com website and see if there is a book that covers it. If you had money, you might be able to go to federal court in diversity jurisdiction where you live, but it is connected with a deceased estate, so that is not clear cut.
2007-07-05 19:47:19 · answer #3 · answered by Anonymous · 0⤊ 0⤋
ask them what paperwork they need they might just need somehting that says you are the administrator of the estate.
2007-07-05 19:43:48 · answer #4 · answered by blktan23 3 · 0⤊ 0⤋