QUESTION
Can I go to the bank with a Small Estates Affidavit to claim his account?
Asked on May 29th, 2013 on Estate Planning - Michigan
More details to this question:
My friend passed away and doesn’t have any next of kin. I was taking care of him and I was on his bank accounts. However, a week before he died he took me off. Can I go to the bank with a Small Estates Affidavit to claim his account? It is only $50,000.
21 ANSWERS
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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There is an order of preference for someone to get a Small Estate Affidavit. But, $50,000 does not qualify for a small estate in Delaware, a probate estate must be opened and all intestate heirs would be entitled after expenses and debts of the estate are paid.
Answered on May 31st, 2013 at 11:16 AM
If you are not related to him, that would be impossible. That money goes to the state unless you can prove that any part of the money on deposit derives from your contribution.
Answered on May 31st, 2013 at 2:11 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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No, not unless he left a will leaving it to you.
Answered on May 31st, 2013 at 2:03 AM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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You can use a small estates affidavit for this account, but only if your friend's estate should pass to you. Did your friend write a will, leaving any assets to you? Are you a relative? If not, the bank account will be used to pay your friend's creditors, and anything that is left will go to his heirs.
Answered on May 31st, 2013 at 2:01 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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$50,000 doesn't sound like a small estate. Moreover, his debts will have to be paid and he must have heirs someplace. You are not entitle to the money unless you are named in his will.
Answered on May 30th, 2013 at 12:18 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If he took you off the accounts, he must have had a reason. If you are owed money for the care provided, you will need to get a judgment for the amount owed and claim it against his estate.
Answered on May 30th, 2013 at 12:17 PM
Sanford M. Martin
Based on the facts in your inquiry, unless you have a family or legal relationship with him, you have no right to the bank account. A summary administration or small estates affidavit will not transfer the assets to you unless there is some relationship not detailed. If the funds belonged to him, and he removed you, the funds will be distributed according to any will of his, or through probate on an intestacy basis.
Answered on May 30th, 2013 at 9:50 AM
The Small Estate Affidavit can only be used by the actual successor in interest to the decedent. If you are not the successor in interest, you cannot use the form.
Answered on May 30th, 2013 at 9:50 AM
If you are not an heir as defined by the statutes of the state in which your friend resided, you have no claim to the account. Exceptions: your name is on the account either as joint owner or beneficiary.
Answered on May 30th, 2013 at 9:50 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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The bank will only release funds to the decedent's legal heirs, so if your name was not on the account, they would not release the funds to you.
Answered on May 30th, 2013 at 9:50 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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In Missouri, you only inherit if you are related to the decedent or are named in the decedent's will. If there are no relatives, your friend's estate escheats to the state. In Missouri, a small estate affidavit is good only up to $40,000. Since the estate is over $40,000, a full probate estate needs to be opened up. Each county has a public administrator that can do this for descendent's with no known relatives. Contact the public administrator for more information.
Answered on May 30th, 2013 at 9:50 AM
Bankruptcy Attorney serving Huntington Beach, CA
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Stuart A. McKenzie Attorney at Law
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Could be no or could be yes. If he had a will and named you as beneficiary under the will then you can use the small estate affidavit to claim the account. His total estate must not include real estate and must be under $150,000.00. If he did not have a will that named you then the account will go by the law of intestate succession. If you are not related to him you would not be in line to inherit.
Answered on May 30th, 2013 at 9:49 AM
4 Awards
If it is under $50,000 you can use the small claims affidavit only if you are blood related.
Answered on May 30th, 2013 at 9:49 AM
The amount of money is too large to claim without an administration. You will have to open a summary administration, however, the only way you can get the money is to have a Last Will and Testament naming you as the beneficiary (provided there is no spouse or minor child); if there is no Will, you need to be related to the decedent. If you were not named on the account and are not related, unless you are a creditor you are not likely to be able to get to the money.
Answered on May 30th, 2013 at 9:49 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No. You would not have any legal right to the account since your name was removed. It would need to go through probate and would pass to his next of kin. It is very likely he DOES have some, somewhere. In the absence of next of kin, the State of Michigan would be his heir. Your only hope that I see is if he was out of his mind and did not know what he was doing, when he removed you from the account. There is nothing in your facts to suggest this.
Answered on May 29th, 2013 at 10:41 PM
2 Awards
No you cannot and if you do it will be fraud. You are not a person entitled and clearly if he took you off his account just before he died, he would not want you to have it anyway.
Answered on May 29th, 2013 at 10:00 PM
Thomas Edward Gates
No, you do not qualify as a beneficiary.
Answered on May 29th, 2013 at 9:41 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Seek the assistance of a probate lawyer to file a petition in probate based on a small estate affidavit, but since you are not next of kin you may not be entitled to the account.
Answered on May 29th, 2013 at 9:39 PM
No. you are not his heir, just a friend. His family gets his money. If he has no next of kin the money escheats to the state.
Answered on May 29th, 2013 at 9:33 PM
3 Awards
In Nevada, a small estate affidavit may only be used for estates under $20,000. In Nevada you would not be entitled to receive the asset as a beneficiary since you were removed. If there is no extended family it will be distributed to the State of Nevada as an escheat.
Answered on May 29th, 2013 at 9:22 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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No. You are not an heir.
Answered on May 29th, 2013 at 9:16 PM