How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 34360
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
19958803
Type Your Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

My father passed away 12-30-14. He had a will and

Customer Question

Hello,
My father passed away 12-30-14. He had a will and I had a copy of it. I am his daughter and he has no other living children or grandchildren. Over the years, I have been his power of attorney and helped him with his financial affairs. He had me on all his accounts as a joint owner with rights of survivorship. Since I moved all his things out of the apartment in the independent living center where he was living, I can't seem to locate where he put his copy of the will and I can't find my copy either. It could be packed away in boxes in a storage unit, and I am still looking for it. In case I don't come across it, can an affadavit of heirship help me in any way? There is one account, I think he forgot to put my name on, and it has a large sum of money in it. How do I go about proving it?
Thank you.
NS
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
.
Can you tell me how much money is in the account, roughly?
.
And you are the only heir to his estate as he was unmarried when he passed and there were no other living children or grandchildren, correct?
.
And he was in OK, when he passed, correct?
.
.
thanks
Barrister
Customer: replied 1 year ago.
There is about $103,000.00 in this particular account.
Expert:  Barrister replied 1 year ago.
Ok, good, then it is below the $150K limit for a small estate summary administration.
.
The local probate court clerk should have the form that you will need to complete to apply for a small estate petition for summary administration. Then you deliver a copy of it to the bank and they would then be legally obligated to release the funds in the account to you.
.
This is a link to the sample petition that you would need to get from the clerk so as to avoid a formal probate case:
.
https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&ved=0CDUQFjADahUKEwjco4O9o-PGAhVBzoAKHbdHBME&url=https%3A%2F%2Fs3.amazonaws.com%2Fuslf-previews%2FOK%2FOK-06000.pdf&ei=G4qpVZyqOcGcgwS3j5GIDA&usg=AFQjCNGrSQkstejBhfRSNEZMjKWhNBFxiw&sig2=e6JjwaeD_G_3LcDlqx0ybw&bvm=bv.98197061,d.eXY&cad=rja
.
.
thanks
Barrister

Related Estate Law Questions