QUESTION
How can I claim my brother's money from the checking account and how can I dispose of his automobile if he left no will?
Asked on Jun 09th, 2015 on Estate Planning - California
More details to this question:
My brother died two weeks ago. He did not have a will. He is survived by myself, another brother, and our mother. He had no real estate. The only property was a 1998 Pontiac automobile. He had about $4000.00 in debt and about $2000.00 in his checking account. How can I claim his money from the checking account and how can I dispose of his automobile? All assets will be divided between the three family members. Also, does the 4000.00 to a finance company have to be paid by us? I don't live in the state where my brother died.
4 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Consult a probate lawyer to assist you in making a claim for the money; as to the car, the finance company wants to be paid, or they will repossess car. So if you plan on keeping the car, you will have to pay for it.
Answered on Jun 10th, 2015 at 12:47 AM
In order to transfer title to the car the estate will have to go through a simple probate. The same is true for the bank account as the bank will not turn over funds to someone who is not on the account. The heirs do not have to pay any bills, as those are paid by the estate [sometimes a debt can be settled for less than face value], but that obviously reduces the amount that goes to the heirs. You need to look at a book such as printed by Nolo Press, to learn what happens in a probate. The law of the state in which the person who died normally controls what happens.
Answered on Jun 10th, 2015 at 12:38 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If your brother lived in California then his assets go first to pay his debt and then to your mother. If she wants to give some of that to you and your surviving brother, that's fine, but it's a gift from her, not an inheritance from him. You must wait more than 40 days from his death to complete a form at the DMV to get the car.
Answered on Jun 10th, 2015 at 12:38 AM
Edwin K. Niles
You can use a small estate affidavit to transfer the account. Just sign his name to the auto title. You are not personally responsible for the debt.
Answered on Jun 10th, 2015 at 12:38 AM