[cbunthoff]

How does one go about getting funds of a deceased son released from a bank? The son left no will and did not have enough assets to open an estate. His only assets were personal items, a car which was repossessed, a motor cycle which was repossessed, a
401K with less than $2000 and a bank account of approximately $1400. The mother has paid the complete funeral expense and has collected the funds from the 401K but is having difficulty getting the funds from the bank. She has been told she must be granted authority of the probate court, yet an attorney has told her there are not enough funds to open an estate. To hire an attorney to retrieve the funds would be futile, as his costs would exceed the amount in the bank.

If the financial institution that held the 401K funds could release the funds to the mother, why could the bank not do the same?

Can anyone give any direction as to a procedure for obtaining the funds? The mother is trying to retrieve some of the money she has paid out. The deceased does have a minor daughter that lives in another state. Any help would be appreciated.

Thank you.

[JudyKayTee]

Obviously the bank is protecting itself. If the bank wants an estate opened the Attorney needs to send a letter stating the reasons it cannot be opened.

[Fr_Chuck]

If there is one dollar you can open an estate if for no other reason then to determine there is no estate.

But yes there should have been an estate set up, now on the bad news, the car repo and motorcycle repo will have claims against it, that will have to be paid first