My brother-in-law died last week and was cremated, his mom was denied access to his bank account. Help!?

Question

She lives in Florida and needs the money to pay for the extra expenses incurred. What can she do legally to be able to withdraw the funds, ($1000) without having to get a lawyer? He did not put her down on the account, and left no will as he had no material things, and she looked after him, for many years. Please Advise, Thank You!

Answer 1

Who is the power of atty? If he did not have one and did not have a will then there is not much she can do. Did he have a life ins policy and if so who was name the beneficiary? The state will take over his estate if no one was appointed.

Answer 2

Unfortunately it will be locked until his affairs are sorted out.

Otherwise anybody could access his accounts.

Too bad about the will, that will complicate things...

Answer 3

If he isn't married then as next of kin she will get access to the account as soon as the person who has power -of-attorney over his affairs has done their job, you see they have to check that there is no outstanding debts or encumbrances on the estate first, and that it is free from debt.

Answer 4

Bank accounts by law are frozen for 30 days after the death of a person so that the executor cannot loot the estate - it allows for those who may also have a claim to come forward. His mother needs to get an attorney - if she is next of kin - and funds will be released for funeral expenses.

Answer 5

Nothing without the probate court; and she probably won't need a lawyer for that. She needs to contact the probate clerk in the county where he died and open an intestate estate; and apply to be the administrator. She'll probably need a copy of the death certificate, her identification and a checkbook. THEN, she will be empowered to open accounts, pay bills and settle the estate as it is.

Answer 6

No lawyer necessary.  Don't waste the money.  She only needs a lawyer if he has enough assets to create an estate, usually $25,000 or more worth of assets.  This doesn't sound like the case here.

In that case, she would need a death certificate.  Most banks have you name a beneficiary of your accounts.  If she isn't the one listed, she probably can't access it regardless of whether she has a death certificate or not.  She needs to ask the bank what the procedure is.