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Legal Ease
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How do I gain access to my deceased mothers bank account?

Resolved Question:

How do I gain access to my deceased mother's bank account? There is no will and no beneficiary listed on the account. I want to avoid going through a lawyer to get access to the account. There may not be any money in the account worth going after and the last thing I need to turn this into a money-losing proposition. What can I do on my own to get access to the money (if any).
Submitted: 4 years ago.
Category: Canada Law
Expert:  Legal Ease replied 4 years ago.

Debra Thal (username) :

If there is not much money then the bank will not require you to apply to administer the estate.

Debra Thal (username) :

Generally, you may just need a copy of the death certificate.

Debra Thal (username) :

What else are the saying you need?

Customer:

The bank wants something that says I would be a beneficiary of her assets. There is no will. I am her next of kin.

Debra Thal (username) :

Are there any siblings?

Customer:

my twin brother

Debra Thal (username) :

Then you are both beneficiaries.

Debra Thal (username) :

You realize that right?

Customer:

Yes

Debra Thal (username) :

So the bank needs something signed by both of you.

Debra Thal (username) :

Did they say they would take a sworn Affidavit?

Customer:

They didn't tell me what they would accept exactly or I don't remember.

Debra Thal (username) :

Why not contact them tomorrow and find out exactly what they will accept?

Debra Thal (username) :

Where do you live?

Customer:

Trenton ON

Customer:

The bank is in Toronto

Debra Thal (username) :

If they want an Affidavit you can get a paralegal to do that.

Debra Thal (username) :

Paralegals are licenced in Ontario and are not expensive.

Customer:

Sounds good

Debra Thal (username) :

So call the bank tomorrow and find out and then retain a paralegal in Trenton if necessary.

Customer:

Sounds like a plan.

Debra Thal (username) :

Great.

Debra Thal (username) :

Do you feel we are done for now then?

Customer:

yes

Customer:

thank you

Customer:

Do i hit accept at this point?

Debra Thal (username) :

Yes please.

Debra Thal (username) :

Take good care and I am sorry for your loss.

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