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If someone has a checking account and passes away and no…

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If someone has a...

If someone has a checking account and passes away and no other names are ***** ***** and son is executor of her will but it has been 2 years and we do not want to do probate Court because house went in to foreclosure how do we go about getting the money

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Ohio

Lawyer's Assistant: What documents or supporting evidence do you have?

We have her last will and testament

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes if we can get money do we have to pay off her debts since none of our names were on them

Submitted: 11 months ago.Category: Estate Law
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Answered in 1 minute by:
9/21/2017
Estate Lawyer: Law Educator, Esq., Attorney replied 11 months ago
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 126,944
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Estate Lawyer: Law Educator, Esq., Attorney replied 11 months ago

You have to do some form of probate, based on the total value of the estate. If the house went to foreclosure and they are seeking deficiency amounts against the estate then you cannot avoid full court probate and the funds in the account would be subject to paying debts of the estate. The bank will not release the funds without some probate court order or affidavit of heirship to the executor of the estate and copy of the will.

I am afraid that money belongs to her estate and before any heir can take a penny, all debts have to be paid from that money and some type (small estate or full) of probate must be conducted to even get to the money in the account I am afraid, even though that is what you want to avoid, it is the law.

Furthermore, if the creditors find the heirs took any assets from the estate without paying the debts, the creditors can make the heirs liable personally for those debts up to the amount they took from the estate.

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Category: Estate Law
Satisfied Customers: 126,944
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