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My mom past and told me she has a savings account for me but…

Customer Question
My mom past and...

My mom past and told me she has a savings account for me but she dont remember the bank name. How do I find it? My name Sallie Harper

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

MIchigan

Lawyer's Assistant: What steps have you taken so far?

I've called banks and credit Unions is Battle Creek but I stopped it

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

Not really just would like ti find it

Submitted: 8 months ago.Category: Legal
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Answered in 5 minutes by:
11/14/2017
Lawyer: Ely, Counselor at Law replied 8 months ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

I am sorry to hear about your loss. Please tell me:

1) When did she pass?

2) Have you filed a probate action for her estate?

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Customer reply replied 8 months ago
She past in 2010 . No I haven't I dont know what to do
Lawyer: Ely, Counselor at Law replied 8 months ago

Thank you. Go HERE and type in your mother's LAST NAME. See if you can find it. If you cannot, then come back and let me know and we will try another way.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Customer reply replied 8 months ago
Nope I didn't find her name
Lawyer: Ely, Counselor at Law replied 8 months ago

Okay.

When someone passes away, then their estate has to be distributed. The problem is that without probate - with assets such as titled property or bank accounts (those that do not have a pay on death clause) - this is hard to do. This is because you cannot switch over the assets without an order from the probate court, and simply a Certificate of Death will not do. A Certificate of Death simply states that someone has passed on, but does not give you the right to really do anything in the deceased's name.

So one files probate. Once probate is filed, the Executor of the estate gets something called a Letter of Testament/Administration (hereinafter "Letter"). This Letter will allow the Executor to switch over the assets from the deceased individual to whoever will own the property. It is like a "Power of Attorney," but from the Court. Without that Letter, there is no way to transfer titled property and switch the assets into the names of the beneficiaries.

If there was a Will, the beneficiaries are decided per the Will. If there was no will, the beneficiaries are decided by default succession law of the state.

Assuming that you are the only beneficiary, you want to consider filing a probate action. Especially if she had a small estate, you can file a small estate probate affidavit, thus streamlining the process. See HERE.

ONCE you get Letters of Administration/Testament, you can contact any bank and ask them if there is an account under HER NAME. They will then tell you. If so, you can then transfer the money as needed.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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