Greeneville, TN asked in Banking for Tennessee

Q: I work for a credit union in TN, how do we determine "next of kin"? And, what happens if there are multiple children?

We are faced with this occasionally. There is less than $15000 in an account, no funeral expenses, or last medical bills, no surviving spouse, and multiple children. Do we split the funds between the next of kin or does it go to the first one that contacts us?

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

A: You have to comply with the Intestate Succession Statutes T.C.A. Sections 31-2-101 et seq. Claims against a Decedent are rarely your concern, and you will know one by a Court Levy. Giving money to the first claimant all the time will get you sued for Conversion. Hire a competent attorney on an as needed basis, as these are not Banking Regulations.

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