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My mother died late on 8/03/10 without a will. Her only personal…

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My mother died late on...

My mother died late on 8/03/10 without a will. Her only personal property is a car that is paid for and basic household/furniture items. She received her SS check on the day she died and had written out her household bills right before she died and had them ready to be mailed. I have her SS check but she had not endorsed it. I have her death certificates (5 originals), her SS card, birth certificate and I need advice on where to begin. Do I need to contact a lawyer? Her only other relatives are 2 sisters and 1 brother who were listed on "her last will and testament" not legal - and those items have been given to them as requested.

Submitted: 9 years ago.Category: Estate Law

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8/9/2010

Estate Lawyer: Daniel P., Attorney replied 9 years ago

Daniel P., Attorney

Category: Estate Law

Satisfied Customers: 2,742

Experience: I have my own practice in Sarasota, FL- Estate Planning, Medicaid & VA law, Probate & Family Law

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Thank you for entrusting me with your legal issue. I will work diligently and quickly to answer your questions. I look forward to assisting you.

I am sorry for your loss.

What are all the assets that your mom had? house? bank accounts? how are they titled?

Customer reply replied 9 years ago

Her car title is in her name and it was paid for, her checking account was in her name. She refused to do anything to prepare for this, such as adding me to her accounts. I am an only child. She had written out in a notepad her "last will and only will" stating she left all her earthly possessions to me and my daughter, with specific gifts to my aunts - crystal and a teapots.

Estate Lawyer: Daniel P., Attorney replied 9 years ago

How much was left in her checking account?

Customer reply replied 9 years ago

She only deposited enough to pay her bills, then would write a check for cash so I imagine less than 50.00 - not enough to cover her July bills she had just written out. I'm sure she was writing out her bills when she got to feeling bad. She always went to the bank on the 3rd of the month to make her deposit and mailed her bills out. My aunt brought up her mail at 3:00pm and she was fine, went back up to her house to see her and found her on the couch gasping for breath but unresponsive.

Anyway, to answer your question, no question less than $100.00 at the most. No savings, or CDs only a life insurance policy for $10,000 that I used for her funeral expenses.

Estate Lawyer: Daniel P., Attorney replied 9 years ago

I would not worry about gaining access to the checking account since it is minimal and will cost you more money to recover it than what it is worth.

The car can easily be transferred by completing the following steps:

Furnish a widow's/widower's allotment, an affidavit of collection for personal property or a release by heirs (Form MVR-317)

Furnish the title for the deceased. You do not need an assignment of title if the vehicle is being transferred to the surviving spouse. If the vehicle is transferred to someone else, the person appearing on the court forms would make an assignment in Section A on the reverse side of the title.

The purchaser must complete an

North Carolina Title Application (MVR-1) declaring all liens. The application must be signed in the presence of a notary.

Fees: $40.00 title fee and a 3% highway use tax if the vehicle was purchased from an estate. If the vehicle was a gift, no tax is due.

If the vehicle is less than 10 years old, you must supply an odometer statement signed by both the seller and the buyer.

Damage Disclosure Statement (Form MVR-181) is required.

If titled to the surviving spouse, existing license plate may be corrected at no fee.

Owner has to have the vehicle inspected in North Carolina prior to a license plate being issued.

Daniel P., Attorney

Category: Estate Law

Satisfied Customers: 2,742

Experience: I have my own practice in Sarasota, FL- Estate Planning, Medicaid & VA law, Probate & Family Law

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Daniel P. and 87 other Estate Law Specialists are ready to help you

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Customer reply replied 9 years ago

What about her SS check - Probate? How do I pay her bills she had already made out checks for but had not deposited her SS check she received on the day she died? I don't know where to start?

Estate Lawyer: Daniel P., Attorney replied 9 years ago

If there are no assets to pay her bills then you need to inform her creditors that she passed away insolvent. If the SS check was for the upcoming month, since she passed away they will require a reimbursement anyway.

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