Calling all laywers. Need probate help!
Forums:
As some here know my brother Kerry died on Monday of a heart attack. Thank you all for the well wishes!!!
He never left a will and his real only valuable possessions were money. He had a bank account and a Debit card he got from the unemployment he was getting.
My question is would it be illegal for us to extract money from his Debit card as we know his password to help pay for his funeral. Considering his Debit card is money the Government gave him for Unemployment they would probably know, but would they know how much is on it? And would they take that money back since he passed? He was alive when he got it so I can't see how they can take it back when he's gone!
Also how long does it usually take in a situation like this to be finalized.
This is happening in New Jersey where my sister in law mentioned that she thinks it's faster in NJ!?
Any help would be much appreciated.
Much Love!
And do you need a Lawyer? And how much would the Govt. take?
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Top of Page Bottom of Page PermalinkFull Name: That’s Nancy with the laughin’ face
Not a lawyer here, but maybe
Not a lawyer here, but maybe donate his body to science - a local hospital perhaps, save on funeral costs and just have a memorial service later.
and I'd clean out his bank account and deal with the lawyers later.
peace to you and your family.
Top of Page Bottom of Page PermalinkFull Name: Ken D.
Sorry about your loss.
Sorry about your loss.
I don't practice probate law and am not licensed to practice in NJ, but I would be careful touching any of your brother's assets until you have had a chance to speak with a NJ attorney who specializes in wills and estates. Each state has its own rules governing what happens when someone dies "intestate" or without a will. The fact that your brother didn't have a will doesn't necessarily mean that the assets can be distributed by the heirs as they see fit, even for something like funeral expenses. If your brother had creditors, they have a right to make a claim against the assets. Also, if there is any tension between the immediate next of kin, moving money around without opening a probate is a minefield of potential problems. However, if the distribution of the estate is handled properly, I suspect the family can be reimbursed for the funeral expenses from the estate up the road.
Many lawyers offer free initial phone consultations and should be able to answer some basic questions like the one your family has about funeral expenses.
Top of Page Bottom of Page PermalinkFull Name: Ken D.
Sorry about your loss.
Again sorry for your loss.
Top of Page Bottom of Page PermalinkFull Name: Hitchhiker awaiting "true call"
Empty the unemployment
Empty the unemployment account. Whatever is in it is his/yours.
Top of Page Bottom of Page PermalinkFull Name: treat island
I'm sorry you're having to
I'm sorry you're having to think about all this during your time of mourning for Kerry.
I Googled "What happens if someone dies without a will in NJ?" among other searches and it seems pretty clear that as Ken said, you (or someone) should talk to an attorney about how to proceed. It looks like probate is inevitable and it will help you to have some guidance; it would save you a lot of confusion and possible complication in the future.
Social Security provides a very small "Death Benefit" (like $255) but that can take a while to get.
Sorry for your loss. It's really hard.
p.s. I wouldn't empty his unemployment account now. It might be available to you, but don't set yourself up for having to untangle complications.
Top of Page Bottom of Page PermalinkFull Name: doctor
Thanks all for the advice.
Thanks all for the advice. Since I don't have the Debit card as my Mother does and after advice from other family members I guess we'll wait on extracting money from it until.consultinga lawyer.
Those funerals homes are brutal greedy bastards. Want half the money on the day of the wake and the rest a month later. No installments! And the Funeral Director was a Dead Head. Well a Dead & Co. head. He asked me what music I like and when I said GD he said that's what I thought and told me he was a fan too. I have a gray beard and ponytail so I guess I look like a GD fan to some. Wasn't wearing Tye Dye. Haven't worn that for decades.
Top of Page Bottom of Page PermalinkFull Name: Rando
Like all, deep condolences on
Like all, deep condolences on the loss.
I haven't been in retail branch banking for 15 years but my recollection is that a good number of banks allow account holders to select a beneficiary in case said account holder passes away. One option is to take a copy of the death certificate into a local branch, ask for a manager and explain the situation. If In fact he did fill out the beneficiary section of the signature card, the designated beneficiary could get a cashiers check for the balance, just by showing an ID.
Would save a lot of hassle and expense just to call the bank to see if the bank allows beneficiary designation... Just a thought.
Top of Page Bottom of Page PermalinkFull Name: skifurthur
If a recommendation for a
If a recommendation for a lawyer in NJ whose practice covers those areas of law is still needed, contact me via the e-mail address in my profile and I can forward a name given to me a member of the Rutgers Law School board. I would say the best advice given is what Ken wrote. Do not take any funds until you get legal advice. Chance are that penalties could be more than the amount on the unemployment card, possibly a lot more.