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I need a little help. I had a sister that recently passed away. She had no will. I am one of 4 surviving siblings. She had really no assets other than a few thousand dollars. I have received a few checks in her name and I don't know how to proceed to so that we can be considered her heirs and take care of the rest of her affairs. Thank you
State/Country relating to Question: Idaho Already Tried: I have been told that I need to open an account as an estate account and deposit all funds there. Then I was told I would have to hire an attorney-which I can't really afford. Is this necessary?
Hello, and thank you for contacting the just answer team. Technically, yes, those things are necessary. I will say that you are free to just distribute the money equally between each of you (so long as there are no living parents or children of your sister, or the children, then the parents, should get the money under Idaho intestacy laws.). If you are confident that there is no one else out there who would claim relation to your sister and thus sue for the money, you can go this route.Under the law, what should happen is that you deposit all of the money you have received into an account under the estate's name, and go to court to ask for an order regarding how to divide the estate according to Idaho's intestate (which refers to those who die without a will or other estate plan) laws (including things that you may think has no value). While you aren't required to have an attorney for this, it is always advisable, and generally the money from the estate pays for the attorney (although again, an attorney isn't required, just advisable).Again, so long as you know that you are theoretically opening yourself up to liability if you choose not to go to court, the decision is yours, but I would recommend finding an attorney to assist you in formalizing an estate decree from a court. Because the estate is relatively simple, the legal costs should be relatively low (although it is ultimately up to you to decide if it is worth it), and if you need a referral to an attorney, you can contact the Idaho State Bar Association HERE. I hope this helps, and thank you for the opportunity to answer your question. If you have any further questions, please do not hesitate to ask. Otherwise, please remember to click the green ACCEPT button so that I can receive credit for my work.
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