deceased mother and savings acct

[juliedealer]

What is the name of your state? IN

My mother passed away. I had been her attorney in fact, and my name is on her savings account. It is a small amount of money, 1400.00. Can I claim this money?

 

[JETX]

"I had been her attorney in fact, and my name is on her savings account."
*** How EXACTLY is the account styled??

"Can I claim this money?"
*** Of course you can claim it!! You just cant' spend it. Simply, it isn't yours until shown that you have a rightful claim on it. Why do you think you have a right to claim it??

 

[juliedealer]

Jetx,

Not sure what you mean by "styled".

Why do I think the money is mine, she was my mother, and now she is dead. Should anybody have a better claim?

 

[stealth2]

creditors, anyone she may have named in her will. That's just a start.

 

[juliedealer]

Well, I've gone to the bank to ask the status of the account and they say there's no problem (no freeze). It's been 10 months now since her death. I've waited to see if anyone has had a claim but nothing has come up.

For several years to her death I took care of all her finances and to my knowledge she owed no one.

 

[juliedealer]

Jetx

How would I show a rightful claim?

thanks
Julie

 

[JETX]

Oh, brother.... this is going to take time.

1) Did she have ANY other children??
2) Was there a surviving spouse??
3) Did she own ANY property, car, accounts, assets, etc. in her name??
4) Were there any insurance or annuities.
5) Did she owe ANY debts (credit cards, utilities, rent, etc.) at her time of death??

If yes to ANY of the above, then you need to talk with a local probate attorney.

Also, did she have a will. If so, then the will needs to be probated. If she didn't have a will and had estate assets, the estate MIGHT need to be probated, depending on state laws.

Go to the following:
http://www.jefflorenzo.com/News/news_probateindiana.htm
http://www.jefflorenzo.com/Articles/role_personal_rep.htm
http://www.szakalylaw.com/law/wills.html