Jacksboro, TN asked in Estate Planning for Tennessee

Q: What is required to get a prepaid debit card company to release the balance.

My mother passed away Feb. 2021. In 2009 she divided her land and all her assets to me and my sister. The only thing left to deal with is $1100 on a prepaid money card. The company wants me to send the nessecary documents, including the executor of will document. There was no will. They want me to mail the paperwork to California and if they accept it, they will send a check made out to my mother. Short of having an estate account I couldn't cash it. What would you recommend that wouldn't leave me paying more than it's worth?

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Estate Planning Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Sometime you can get away with an Affidavit of Heirship. The affiant swears who the heirs and next of kin of the decedent were. Record it then send a copy to the card company with the recording information on its face. The next of kin are the owners of the funds. But if they do not send the money, you are left with a suit. A General Sessions Court might take it, but you will have to convince the Court of Jurisdiction and Venue. There is also a Small Affidavit Administration, which is an easy form of Probate.

Nina Whitehurst agrees with this answer

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