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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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My mother passed away in 2012, and she has a bank account with

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My mother passed away in 2012, and she has a bank account with her name on it and my name as POA on it. It was set up when we were getting her approved for medicaid and designated it to be 'for burial purposes only'. Since I did not put my name on it as POD and cannot access it to use the money as it was intended. Can I submit a request to probate court to release this account without using the expense of a lawyer?

Welcome! Thank you for your question.


Yes, you can go to the local probate court in the county where she died and file for probate. If the account (and all other assets) are less than $40,000 then you can file a small estate affidavit to request access to the account. Here is the form that you will need. You will also need a copy of your mother's death certificate.



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