If my dad died 15 months ago without a Will, how do I get themoney that he left in his bank account?

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If my dad died 15 months ago without a Will, how do I get themoney that he left in his bank account?

The bank is charging a monthly $12 service fee for account being inactive. They won’t stop taking this money and say I can’t get it with out power of attorney. He died in NE; I live in SC. How can I get my dad’s money out of this bank? They have frozen his account, but continue to send statements and charge him.

Asked on August 29, 2011 South Carolina

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  First of all a Power of Attorney dies with the person for whom it is enacted.  So they are incorrect on that front. Was his estate ever probated?  The bank account is part of his estate and you need to go through the probate courts in Nebraska in order to obtain the authority to clear out the account.  Is there is no Will then he died intestate and the intestacy laws in the state of Nebraska apply.  That means that if you have siblings they should receive a share of the estate.  Every state has a Small Estate proceeding process so if there is not much in his estate it should not be much for you to do to have yourself appointed and clear out the account.  The money will be written out to the estate of your Father.  Then you will have to open an account to deposit it (this is a general rule and really how your family situation is may impact this).  Good luck.


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