Legal Question in Wills and Trusts in Pennsylvania
My mother died in Philadelphia PA on 1/29/2016. I paid for the memorial service. However Bank of America where my mother banked at wants a small estate affidavit to release $2,291.00.There is no will. What can I do. There are the only people giving me a problem. I do have the death certificate.
2 Answers from Attorneys
The death certificate is not good enough. You are going to have to get the small estate affidavit. You do not indicate whether you are the only heir or what other assets/debts there are. I suggest that you go to the Register of Wills at the Philadelphia Orhpans' Court and talk to him/her about the affidavit you will need.
Ms. Hunter is correct in suggesting that you start at the Register of Wills Office in Philadelphia County. Sometimes, it is easier and more economical to just open an intestate (without a will) estate than to go through a small estate procedure. Once you get the Letters of Administration, the Bank of America should have no objections to issuing a check to the Estate, which you will be able to use for Estate expenses. You will have to file a PA Inheritance Tax Return, which will prove that the Estate is insolvent, if it is in fact. Forms will be included with the documents that the Register of Wills Office provides when you open an estate.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.