Q: My mom passed away back in September and there was no will but she had life insurance policies that were signed to me
And my brother anyways she had a bank account and did not leave a will. I was told by a lawyer all I needed to do with the bank account was bring them the death certificate and a small affidavit to get control of the bank account, and he also stated that they didn't comply they could be sued up to 3 times the amount in the bank and all court costs, because of the law in Utah anyways I went there three different times and tried to collect and show the branch manager manager the small affadavit which was notarized and the death certificate. Anyways the very last time I went in there to try to collect she laughed at me and said I needed to go through probate I needed to be on her acvount and if I wasn't on the Will or if I was not on the bank account. I couldn't do anything. I tried to retain a lawyer out here but they wanted too much money is there anybody that would take my case out here or help me out cuz I don't have the money to retain a lawyer. I am in slc utah..
A:
The advice the attorney gave you is correct up to a point. It depends on how much is in the bank account. If there is 100k or more, then you will have to take it through probate in order to get the distribution from them. Do you have any idea how much is in the account?
If it is less than the $100k then go back into the bank and print off a copy of the statute:
https://le.utah.gov/xcode/Title75/Chapter3/75-3-S1202.html?v=C75-3-S1202_1800010118000101
Which says:
75-3-1202. Effect of affidavit.
The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if he dealt with a personal representative of the decedent. He is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit. If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled to it. In such event, in addition to recovering the property, the person to whom an affidavit is delivered shall, in the discretion of the court, be liable for damages to the claimant for an amount up to three times the value of the personal property plus costs of suit and reasonable attorneys' fees. Any person to whom payment, delivery, transfer, or issuance is made is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right.
If they still try and dismiss you, stay there and insist on seeing a manager. Tell them to contact their legal department and wait until someone either delivers the money or looks at the statute and explains to you why it doesn't apply.
I hope this helps.
Wes
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