Deceased Relatives Bank Account?

Question

My father passed away in March of 06 and he was a very smart man who usually planned ahead. Before he passed away, he didn't get a chance to make a will, nor appoint a representative of the will. He never mentioned anyone as a joint member of his bank account nor did he ever mention a beneficiary to it. I became primary caretaker of my family and was acknowledged as such. My questions though are these:

As a family member and the primary family caretaker, am I legally allowed to check his account after he passed away? And what do I need to prove such (As in I'm a relative and primary caretaker)?

If not, as a family member and primary caretaker with his bank account information, can I be allowed access it?

It would be appreciated if someone could help me. I would appreciate it more if the information is from someone that works/worked at a Navy Federal Credit Union and knew how it worked, as that was my fathers primary bank.

Answer 1

You will not be able to access his funds until after probate.

Since he had no will his property is handled by the state.

First all debts are paid.

After the the remainder goes to his family.   WIthin the US this order of inheritance is standard,

If there is a wife she inherits 100%, end of story.

If there is no wife, but children, they equally divide the estate, end of story.

If there is no wife and no children, the estate goes to the deceased parents.

If there are no parents, no wife, no kids, it goes to grandchildren.

If there are no parents, wife, kids, or grandchildren it goes to siblings and their children, etc etc.

Since you are his child you will only inherit this account if there are no siblings or a wife.   And, even if you are the heir, his debts have to be paid off first.

Your appointed title of "primary family caretaker" is meaningless in this situation.    Your inheritance is not effected by it.

Answer 2

OK let me first say sorry for your loss...

To answer your question...When the owner of an individual account dies, the money in the account goes to the owner's beneficiaries. Beneficiaries are the persons or organizations named in the will. If there is no will, beneficiaries are decided by the intestate law. This law says what happens to a person's assets (what is owned by the deceased person) if that person didn't write a will. The money in an individual bank account when the owner dies is included in the total assets and is distributed to that person's heirs according to the list in the intestate law.

So in the simpliest terms...if you have a will and a death certificate then bring that to the bank....if not there's a legal process that you must go thru to get the monies and if you you need more help with this please email me and I will try my best to get some answers for you on how to start this process in your state...

So with that said simply going to the bank and stating you're the primary caretaker will not be suffiicent and simply having his account info you also will not be allowed to get any information....another way you could get an anser is to call the credit union and ask them what is there policy on receiving funds for a deceased person...

Answer 3

the money in the bank account will go to his estate and probably be in probate for a while....then when all is said and done whomever the executor/executrix of the estate is will get that money ~ get an attorney

Answer 4

You'll need a copy of the death certificate and probate paperwork.

Answer 5

The law varies by state.  Google probate for your state and it will tell you. Life is so much easier for the living if the deceased has a will. If he doesn't:

I am going through this now, and in Florida it cannot be done without an attorney (laws written by attorneys - go figger).

Here, whoever is known to be next of kin, in this order - spouse, children, parent, then grandchildren select the personal representative- go to a probate attorney, first applicable next of kin signs a waiver to appoint the personal representative, the attorney goes to a judge and the judge legally appoints the representative.

An original copy of the death certificate and a photocopy of the Judges decree and you have access to everything.  Problem in Florida is, you have to open an account in the name of the deceased estate, put the money in that - then can only pay his debts out of the account until the probate court deems the estate clear of liens.

Next, the Attorney makes a legal notice in the paper that creditors have 90 days to make claims against the estate. Funeral expenses get paid first, immediately, the lawyer gets a deposit next. Then after 90 days, the rest of the assets are dealt with in whatever manner the representative sees fit. House, cars, cash and real property all legally belong to the next of kin, if more than one - then you have to read the law on how its split.

The lawyer gets 3% of the assets (NEVER hire a lawyer that works by the hour on probate). The representative gets 3% for his efforts, then whats left goes to the next of kin.

Its a mess in some cases, a piece of cake in others. Locating relatives  who have a claim (ex parents, 1/2 siblings, etc) - finding the deeds to all the property, filing the income taxes for the current year, etc.

If anything is held jointly, house, bank accounts, cars, etc - it immediately goes to the joint survivor with no probate.

You are going to need an original copy of the death certificate for each transaction, start with 12 and buy more as you need them.

My brother and I both have Navy Federal credit union accounts, and they require the judges order appointing you the representative, an original of the death certificate, and an account to put the money in. So far that has been the case in all financial institutions I have had to deal with. Also, if the estate isn't settled in 3 years, everything changes.

Find out if you need a lawyer in your state to get the judges order, if you don't then go to probate court and get one.

Answer 6

Is the account only in your father's name?

If so, you can't access it, although if you are his personal representative you may check on it with appropriate ID.

Is his estate being probated?  Do you have letters of office?

This is a long time to have done nothing.  The bank account may be escheated (given) to state for lack of activity.

State law on intestacy--people who die without a will--controls who the beneficiaries of the bank account are, goes by relationship--check out your state laws

Check with the bank

See an attorney