Q: Mom lived in GA for one year and opened up a bank account. When she died, it had under $900 in it, bank won't release.
I'm the one (daughter) who set up account + deposited funds, and live in NY. When I went to NY branch (major bank in practically every state) with death certificate, they told me I had to get court documents from Georgia to show I'm next of kin. She died in GA. Death certificate has my name on it. My birth certificate has my mom's name on it. We're from NY. It's silly/cost prohibitive to have to go to Georgia for proof. Any other options?
A: If your mother passed away in New Jersey, you will need to proceed under New Jersey law. If Georgia, then Georgia law. Ultimately, if the bank is located only in New Jersey, you will need to follow New Jersey law to get the money from the bank.
A:
O.C.G.A. Sec. 7-1-239 provides in part:
"(a) Except as provided in subsection (b) of this Code section and in Article 8 of this chapter, whenever any person
dies intestate having a deposit of not more than $10,000.00 in a financial institution, such financial institution
shall be authorized to pay the proceeds of such deposit directly to the following persons:
(1) To the surviving spouse;
(2) If no surviving spouse, to the children pro rata;
(3) If no children or surviving spouse, to the father and mother pro rata; or
(4) If none of the above, then to the brothers and sisters of the decedent pro rata."
If your mother opened the bank account in Georgia, perhaps you can contact the branch in Georgia where she opened the account, and request payment if you are the only child. (If you are not the only child, the statute states the bank is authorized to pay the proceeds to the "children pro rata."
The purpose of this answer is to provide general information and not legal advice about your particular legal issue. It does not establish an attorney client relationship. Good luck.
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