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How to get money from my dad's checking account after he died without a will or being a beneficiary?
Anonymous4 views2 answers
I am his daughter and i am trying to access $800 that was left in his checking account to help pay for the funeral but he didn't have anyone as the beneficiary and he didn't have a will. The bank asked me for his death certificate but told me to seek legal advice in order to be able to get the funds.
My condolences to you on the loss of your father. If your father did not have a Will, there is no POD beneficiary or joint owner on the bank account, and the bank account is located in Georgia, there is a statute which may help. This statute applies if the person died with no Will (not if there is a Will), and only if the account holds assets worth $10,000 or less. It allows a bank to distribute the funds in the deceased person's account to his surviving spouse, if there is one. If there is no surviving spouse, the bank may distribute the funds to the deceased person's children, "pro rata" - i.e., if there is more than one child, each child receives an equal share. If you are the only child and your father was not married at his death, then with a death certificate and proof that you are the only child (which may mean an affidavit from you regarding your father's situation), then you may be able to get the $800 out of the checking account. If your father has a surviving spouse, the spouse will need to get the funds. If there is more than one child, then the children will need to get the funds together.
Please note that this statute relieves the bank from liability for making the distribution in this manner. It does not, however, mean that the person(s) to whom the funds are distributed are relieved from the responsibility for properly administering the deceased person's estate, so the funds should indeed be used for funeral expenses or other proper estate administration expenses, and not kept by the receipients for their personal use. You may also need a lawyer to help you prepare an affidavit which the bank will accept, if you are able to receive the funds under the statute.
Ms. DiSalvo has given you an excellent answer. About the only thing I'd add is that the proper disposition of the bank account depends in part on what other debts and assets your father had. Since she's in your area, you may find it beneficial to do a consultation with her.