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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98991
Experience:  Lawyer
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Our son passed away with out a will and so we his mother and

Customer Question

our son passed away with out a will and so we his mother and i his father is left to look after the estate, which is of very little value. so we have a problem of closing some of the bank accounts. and we are on old age pension so we do not have money for lawyers. what can we do?
Submitted: 7 months ago.
Category: Canada Law
Expert:  Debra replied 7 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 7 months ago.

I am sorry for your loss.

How much are in the account?

Are you saying the bank will not allow you to withdraw the money?

Customer: replied 7 months ago.
only 7 hundred dollars approximately,and i wanted to close the account and set up a estate account ,until every thing is settled this is with the t d bank. as far as i know that is the way it is done
so what can i do ?
Expert:  Debra replied 7 months ago.

What has the bank said?

Does your son have a spouse or children?

Customer: replied 7 months ago.
the bank personel said no what iam soppose to do is present her with bills and she pays me from the account. i know that it is not the way it is done, the will laws te any one that one of the first thing to do is close all banks accounts.
Expert:  Debra replied 7 months ago.

Does your son have a spouse or children?

Customer: replied 7 months ago.
no my son has no spouse or children .he was by him selfe
Expert:  Debra replied 7 months ago.

What you should do is to make an appointment with the bank manager.

Tell the manager that you have received legal information from a lawyer who has said it makes no sense to apply to administer the estate and that the amount of money is the bank is very small and that no bank would require you to administer the estate based on these facts.

You can say that your son has no spouse or children so you and your spouse are the heirs.

Say that the lawyer said that the way this is done is for you both to sign an indemnification agreement that states that if someone goes after the bank for releasing the money you will be liable instead of the bank.

The bank manager will then likely agree to release the funds.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 7 months ago.
thank you for your answer it is basically what i was doing i will present your answer to the bank manager and see what happens
Expert:  Debra replied 7 months ago.

Let me know what happens.

The post will not lock after you rate me so you come back and let me know whenever you like.

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