Q: Question regarding my dad and his bank account. He passed away the 25th of august.
Im next to kin. When I went to get his ashes they also gave me his debit card. We werent talking at the time he died. I highly doubt he has anymore than a few hundred dollars in it, if that. Him and his wife were on a motorcycle and hit a semi head on. Both pronounced dead at the scene. His bank tells me I need to bring an attorney and small estate affidavit with me to the bank to close the account and recieve his assets, if any. Is that right?
A: If you are the sole heir, he had no debts and the estate is less than $100,000.0, you can use a small estates affidavit to get the funds.
A: If dad passed without owning real property and the assets total less than $100,000.00, it's possible you can use what's called a small estate affidavit to pass the property. Please note, if you use one, you'd be swearing by penalty of perjury as to its contents, which you might not have a grasp on since you've been out of his life. You should contact a probate attorney near you to discuss this further. This is not legal advice and we have not established an attorney/client relationship.
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