Memphis, TN asked in Estate Planning and Probate for Tennessee

Q: My mother died over 2 years ago. She left a will naming my brother and me beneficiaries. The bank will not release her

money unless we take it to probate. All she had in her estate was a home not paid for and her bank acct. We can not afford to go to probate court. What can we do? Less than 4000.00 in bank acct.

Related Topics:
1 Lawyer Answer
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: You will need to file a Small Estate Affidavit, which still costs money, necessitates an attorney and takes some work and time. Otherwise the bank gets to keep the money. This happens all the time. Will probably makes no difference.

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.