Legal Question in Wills and Trusts in North Carolina

Re: filing a claim after a relative has died

You ask the bank. In California you pick up the bank's forms, and 45 days after the date of death you go back to the bank with the forms filled out, and a certified true copy of the death certificate. And they'll give you a check for the amount of money left in the accounts. Which is less than $60,000.00, and this maybe $100,000.00 now. On the safe deposit box the bank will tell you if there's one. In Californina again the bank will let you look in the box. If it's worth less than $5,000.00 the general rule in California is to abandon the property. Otherwise you'll have to start a probate in that state to recover the property in the box. The situation in other states will depend on the probate laws there. However, again, 'ask the bank.' Because your deceased husband could have named a beneficary on the accounts, and any box. And that person is the only person that will be entitled to get the money and the property.

Re: filing a claim after a relative has died

Are the bank accounts in NC? If so, I would find an attorney out there to help you. In California we would use a Probate Code 13100 declaration for each bank account with a certified copy of the death certificate attached. This would free the money up, assuming the total is under $100,000. I charge $175 an hour for this type of work. Good luck. -JBP

Re: filing a claim after a relative has died

If you and your son live in California, an California Guardianship can be established so you can collect the sum from the bank as guardian of your son. You can then use a small estate affidavit to collect the same from the bank.

If you need any help, please call us at 818-340-4479.

Regards,

Mina Sirkin, Esq.

Certified Specialist, Estate Planning, Probate and Trust Law, State Bar of California