Philadelphia, PA asked in Estate Planning and Probate for North Carolina

Q: My disabled sibling died, 7 weeks later my mother (his caretaker) died in 2015. I live in NJ and paid all arrangements

They had no insurance or wills. Can I claim their small funds (3400) from their joint checking account to cover all my expenses?

Related Topics:
1 Lawyer Answer
Jammie Lynn Wacenske
Jammie Lynn Wacenske
PREMIUM
Answered
  • Raleigh, NC
  • Licensed in North Carolina

A: Hello,

The bank will likely not give you access to their account without having Letters of Administration. What you should do is contact the clerk of court and ask them about beginning a small estate proceeding or go through with the opening a regular estate and getting the proper documentation to contact the bank. However, just because you might gain access to the account doesn't mean you can just go in and get the money for yourself. You will need to distribute funds according to North Carolina statute and through the proper channels as prescribed by law. The clerk of court should have some resources for you to go through before you open the estate. The clerk that you will need to contact is the clerk of the county of the last residence of the decedent(s) and they should be able to point you in the right direction (they cannot, however, provide legal advice, you will need to reach out to an estates attorney for that).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.