QUESTION
How do we obtain deceased mother's bank funds?
Asked on May 10th, 2011 on Estate Planning - Florida
More details to this question:
My mother passed in April, left only a hand written will (not notarized) stating that the money left ($40K in bank of America) to be divided among 3 siblings. How do we obtain it? Where do we start? Bank informed us that account would be placed on Hold and we need to go to court? Not sure of the right steps to take.
3 ANSWERS
Theodore W. Robinson
You need to file an Administration Proceeding in Surrogates or Probate Court and have an Administrator (usually one of the siblings) to administer the estate, including the bank account and split it up according to the law of the state in which you reside. I suggest you hire an estate attorney to handle the matter for you, but it's a minimal amount so it may be just as well to handle it as a small estate on your own. Call the local county Surrogates Court for more information. Good luck and I'm sorry for your loss.
Answered on May 13th, 2011 at 11:29 AM
Sam Louis Levine
You need to speak to an attorney experienced in these issues & determine if a will/trust is in place followed by court action.
Answered on May 12th, 2011 at 8:50 AM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
It sounds like the will is not valid and you will need to open a probate unless there is a co-owner on the account or a payable on death beneficiary.
Answered on May 11th, 2011 at 11:24 AM