More details to this question:
Mom passed away, no will. No assets and her house is not paid off. The only unsettled item is her bank account that I have access to. I’m not on the account but I have her ATM pin. Can I withdraw the money without consequences?
2 ANSWERS
Asset Protection and Medicaid Planning Attorney serving Cuyahoga Falls, OH
at
Legacy Law Firm, LLC
Update Your Profile
Her house is not paid off, but how is title held? If the home was not in a Trust or set to pass via operation of law, then you're stuck going to probate for the house. On the bank accounts, having a pin# does not give you the legal authority to remove her funds after she passed. As with the house, if someone was named the pay on death beneficiary, or if there was joint owership, then the account is reconciled that way. Otherwise, you're again stuck going to probate. What happens with those assets depends on the heirs at law pursuant to Ohio's Intestate Statute. (O.R.C. 2105.06). You likely want to sit down with an attorney to review your situation.
Best of luck.
Answered on Apr 19th, 2021 at 9:01 AM
2 Awards
No. You have no authority to do so. The equity in the home is an asset, just like the money in the bank account. From your description, it appears that you plan to let the house go into foreclosure and are only interested in the funds in the bank account. You may be able to get legal access to these using a Small Estate Affidavit. Depending on your county, you may be able to prepare and file this yourself. Check with the county probate clerk and as whether there is a "pro se" (representing yourself) option or program. If you just take the money using the ATM pin, any creditor could sue you for fraud or conversion (converting your mother's estate's money to yours). There could also be criminal fraud charges.
Answered on Apr 18th, 2021 at 5:28 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.