Relative passed away no will, how to handle- anyone have any experience?

My Dad's brother passed away- he had no will my Dad and my Uncle are the next of kin- does anyone know what paperwork we need to fill out to have access to his bank account, also he owned land with 2 other people (acreage for hunting) how do we handle changing ownership on the title?

Thanks

Re: Relative passed away no will, how to handle- anyone have any experience?

My advice is to get in touch with an attorney. When there is no will, it's always more complicated than it should be.

You may not need to retain them, but at least get a consultation and lay out all of your questions and they should be able to lead you in the right direction, or let you know why you need an attorney.

Re: Relative passed away no will, how to handle- anyone have any experience?

Re: Relative passed away no will, how to handle- anyone have any experience?

Someone has to be appointed administrator (or co-administrators if they both want to do it) of the Estate.

You can do the paperwork yourself, it is all online and most counties have a help desk. You do need an original, certified death certificate and a funeral bill marked "paid"

But, consulting an attorney is also a good idea.

Re: Relative passed away no will, how to handle- anyone have any experience?

I agree with speaking to an attorney. For the bank account, was your dad or anyone else also on the account? Or was there a beneficiary on the account? Because if so, the money would automatically go to the other joint owner or the beneficiary (with a death certificate).

As far as the land, you should find out how the deed is worded. Are the three people tenants in common or joint tenants with rights of survivorship?

Re: Relative passed away no will, how to handle- anyone have any experience?

I am so sorry for your loss. Speak with an attorney. I presume his body is in the hospital, morgue, or funeral home. Ask there how to get the death certificate. You will need a few, so order about 10. Call cable, phone, tv, gym, etc. To cancel service ask if they need an original death certificate or a copy will suffice, copy is so much less expensive. So get what is needed. The bank will know he died, so his accounts will be frozen. Call his mortgage or landlord. If he rented, someone will need to clean out and box his stuff. See if he had a credit card statement to determine what other reoccurring charges to stop them.

If he owned a house, keep the electricity and water, sewer Bill's paid.

Did he have an employer? If he did, he may have had some life insurance, or 401k? See what he had. Did he have life insurance privately?

You can go to the county clerk's office to file paperwork as he died without a will.

Relative passed away no will, how to handle- anyone have any experience?

When someone dies without a will the assets get distributed based on the statute. So you cannot just go and start doing it on your own. Get an attorney. I used to know exactly how it is distributed based on surviving relatives but it’s been way too long since school.

Relative passed away no will, how to handle- anyone have any experience?

When someone passes without a will, their assets get passed through the laws of intestacy (this is laid out in a statute found in the Estates and Trusts Law-- i do not know the specific section). Essentially however, if he is not married, does not have a kids, and does not have surviving parents, the assets would go to his brothers (your dad and uncle). However, in order to legally transfer property to your dad and uncle or transfer the bank account to them your dad or uncle (or anyone really but they are the ones who would have the interest in doing so) will need to file an administration proceeding and be appointed administrator of your uncle's estate. Once an administrator is appointed they would handle the transfers . If your uncles assets are worth anything I would consider retaining an attorney to make sure this all gets done properly- you could dont have to.

Message edited 8/5/2019 10:58:12 PM.

Re: Relative passed away no will, how to handle- anyone have any experience?