What to do if my brother passed away and had no living relatives other than my other brother and myself?

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What to do if my brother passed away and had no living relatives other than my other brother and myself?

We live out of state. I need to access my brother’s bank information in order to cover cremation expenses.

Asked on August 5, 2013 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry for your loss.  Unfortunately, you can not access your brother's accounts with out some legal authority.  If you and your brother are his only living relatives as you say then it is likely that you will inherit his estate under the intestacy laws of the state in which he lives.  If he did not leave much then he will probably have a small estate to probate and that can go much faster.  The crematory will take an assignment and allow you to pay after the fact.  Good luck.


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