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    rofld's Avatar
    rofld Posts: 3, Reputation: 1
    New Member
     
    #1

    Jan 2, 2010, 03:11 PM
    Deceased bank account
    My father passed away. My mother has long ago passed. I am the only child. My father does have a will leaving everything to me.
    First does this have to go through probate?
    Second, his bank knew the same day he died that he had died. He had a monthly amount that was taken out automatically for back State taxes. Also an amount for dental insurance. He died Nov. 13Th. The dental insurance has been paid by the bank for Nov. on the 16Th and for Dec. The amount for State taxes was paid after Dec. 1.
    Is this all legal? Shouldn't they have frozen his account? He was on Social Security and Pension. Of course these were both stopped before Dec. 1st.
    Since there was a will, would I need anything more then that and a death certificate to get what is in the account? I have funeral bills I need to pay.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 2, 2010, 03:32 PM

    Unless you were listed as a owner on the bank account yes it has to go though probate.

    You will need to call and cancell the dental insurance, it will keep being paid till you did.

    He or the estate will still owe the back taxes, so the estate will need to pay this out of any and all money before any money is paid out to anyone.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Jan 2, 2010, 03:46 PM

    It depends on the amount of the estate whether probate is necessary. This will be determined by local laws. I would suggest talking to the clerk of the Probate court to see what is necessary.

    The bank cannot stop authorized deductions. You need to cancel the insurance. You may be able to get a refund for the over payment.

    As Chuck said, the back taxes are debt that the estate will have to clear.
    rofld's Avatar
    rofld Posts: 3, Reputation: 1
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    #4

    Jan 2, 2010, 04:09 PM

    What is the estate is only enough to pay for the funeral and a piece of property that more is owed on then it is worth due to the falling property prices?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Jan 2, 2010, 04:25 PM

    Funeral expenses can usually be paid before debts. As I said, if there isn't enough to cover the debts you just inform the creditors of that.
    rofld's Avatar
    rofld Posts: 3, Reputation: 1
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    #6

    Jan 2, 2010, 04:31 PM

    Yes it has helped a lot. Thank you.

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