If the account is a joint account with your mother, you and your brother, the surviving joint owners can close the account and share the balance. When the account was opened the three of you should have signed signature cards and all names should be listed as account owners. One or both of you should be able to simply make a withdrawal of the balance and close the account.
If she is a joint account holder the account would now belong to her. If there is no joint account holder then the account would be legally frozen until an Administrator is appointed for your uncle's estate. Until then no one has any authority to access his bank account. You should make certain the bank has been notified of his death.
Such bills should be turned over to the executor of the estate. They should pay legitimate bills and either close the account, or transfer it to the estate or the heir that will be taking over the property.
i am a student and wanted to open my account should i open a current account or credit account
As a debit to the accounts payable account and a credit to the purchases returns and allowances account
trading account expenses
Once they have their letter of authority, they should be able to access the account. Then they can change the account.
If her will has been probated then it should be on file at the courthouse where the probate courts sits. Go to the office of the Clerk of Court and request to view it.
You have not disclosed whether your brother inherited an interest in the property, why he should leave the premises or what your position is. Generally, in the US, title to real estate passes to heirs at the moment of death. As soon as the estate is filed for probate legal title is perfected. As an heir your brother may have the right to the use and possession of the property. You may add more details on the discussion page.
It depends on the country you are in, but in the UK, the first claim on the estate is the revenue (ie tax), then debtors - which would include the credit card debt. That should be paid out of the estate of the deceased.
If the account holder is incapacitated, then someone should obtain the power for attorney for that person. If the account holder is deceased, then you need a death certificate to prove that. And those are the only two circumstances in which it is necessary to close an account when the account holder is not present.
If the car was leased to the (now deceased) person... It should be returned to the leasing company. The lease agreement is now null and void - if you simply keep the car and try to pay the leasing company - technically you're guilty of theft !
You petition the court. It is a fairly straight forward form that has to be signed by all of the beneficiaries of the will or estate. You should consult a probate attorney for your jurisdiction.
Your brother can contest the will or bill the estate for money he beleves is owed to him by the deceased. The judge will decide the validity of the will and/or if the claim against the estate should be paid.
Always. There's nothing more appropriate than keeping it in the family. Hope that helps! :)
This is a difficult question to answer without knowing more information. Were you the Executor of the deceased's parent estate? Was the will probated? Who's name (or names) was the account in? Were the assets in the account addressed in the will? Is this question asking for a 'legal" opinion, OR, is it asking for an 'ethical' opinion? The above, while admittedly NOT a direct answer to the question, should give the questioner some "food for thought."
No, an adult child cannot legally use the credit card of a deceased parent in the state of Georgia without authorization. Unauthorized use of a deceased person's credit card could be considered fraud and may have legal consequences.
You should speak to a bank representative to determine if the bank will allow the check to be deposited in your joint account.