How do I get money from my mother's account if I am the beneficiary? 15 Answers as of January 12, 2012

I would like to know what steps do a beneficiary have to take to get money from his or hers deceased mothers account.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Or for Immediate Assistance call (888) 428-7281

Free Case Evaluation by a Local Lawyer: Click here
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
I cannot be sure of the status of that account based solely on your question. If you are saying that you are a beneficiary of your mother's estate but that the account was in her name, you will not be able to get at the account until your rights are determined by a court. If the estate is small (less than $50,000.00) you may be able to bypass the court process with an affidavit. If you are a beneficiary of a "Payable on Death" account, you should be able to access the account by producing a death certificate and proof that you are the named beneficiary.
Answer Applies to: Minnesota
Replied: 1/12/2012
Law Offices of Frances Headley | Frances Headley
If the estate is being probated then the money will come to you from the executor at the close of the estate. If there is no probate, then you can use a Declaration under Probate code sections 13100 et seq. You should consult a probate attorney for assistance.
Answer Applies to: California
Replied: 1/10/2012
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
Take a death certificate to the bank.
Answer Applies to: Oregon
Replied: 1/10/2012
Pia Anderson Dorius Reynard & Moss | Jason Hunter
If you are the beneficiary, it should be as simple as providing the institution with a copy of the death certificate and some information about yourself. However, if you are not listed as the beneficiary, you may have to present the the institution with (a) a small estate affidavit, or (b) letters testamentary or letters of administration (i.e., probate documents). Your institution should be able to provide you with some specific guidance on this, then you may need to seek legal advice.
Answer Applies to: Utah
Replied: 1/10/2012
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
If you are the named beneficiary on an account, like a pay of death account, you simply present a certified death certificate to the holder of the account, i.e. bank. If that is all that is at issue, you do not need an attorney. If you hit a snag, you may wish to consult counsel.
Answer Applies to: Nevada
Replied: 1/10/2012
Berkman,Henoch,Peterson,Peddy & Fenchel P.C.
Berkman,Henoch,Peterson,Peddy & Fenchel P.C. | Rudolf Karvay
You will need to contact the bank or other financial institution and find out what they need. They usually have their own forms and requirements. However, they all have one thing in common you will need to provide an original death certificate for each institution.
Answer Applies to: New York
Replied: 1/10/2012
Martinson & Beason, PC
Martinson & Beason, PC | Douglas C Martinson II
If you are listed as the beneficiary of an account, you would take a death certificate to the bank or financial institution and see what they require for you to cash the account out.
Answer Applies to: Alabama
Replied: 1/10/2012
Glojek Ltd | Joseph E. Redding
Present a death certificate to the bank/institution.
Answer Applies to: Wisconsin
Replied: 1/10/2012
Harville-Stein Law Offices, LLC
Harville-Stein Law Offices, LLC | Dean D. Stein
If you are the named beneficiary, going to the financial institution with the Death Certificate and your ID should be enough.
Answer Applies to: Alabama
Replied: 1/10/2012
Donaldson Stewart, PC
Donaldson Stewart, PC | Monica H. Donaldson Stewart
The answer to your question depends on several factors. For example, are you named as the "pay on death" beneficiary of the account? If not, did your mother leave a Will? Are you the only beneficiary of the estate? If there is no Will, the size of her estate may affect whether you will need to open a probate to collect the account or whether you can do a simplified proceeding. I recommend you speak with a probate attorney to discuss the answers to your questions and determine your options.
Answer Applies to: Arizona
Replied: 1/10/2012
    Law Office of J. Brian Thomas
    Law Office of J. Brian Thomas | J. Brian Thomas
    It depends entirely on how you are the beneficiary. Many bank accounts are created with their own beneficiary designations, and they are sometimes called payable on death or "POD" accounts. If that's what you're dealing with, all you should have to do is present the bank with proof of the death and your identity. If you mean that you're a beneficiary under a Will or Trust, the process gets quite a bit more involved and depends on many facts that you don't really spell out in your question.
    Answer Applies to: Texas
    Replied: 1/10/2012
    Bullivant Houser Bailey PC
    Bullivant Houser Bailey PC | Darin Christensen
    Get a copy of her death certificate to the company with the account and fill out their paperwork. This assumes you are a named pay on death beneficiary. If not, you will have to do a probate, small estate affidavit, or company specific affidavit depending on the value of all her assets.
    Answer Applies to: Oregon
    Replied: 1/10/2012
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    If you are the beneficiary, all that is needed is to prove who you are.
    Answer Applies to: Georgia
    Replied: 1/10/2012
    Siegel & Siegel, P.C. | Sharon M. Siegel
    If you are the account beneficiary just bring a death certificate to the bank.
    Answer Applies to: New York
    Replied: 1/10/2012
    Wiegandt& Doubles
    Wiegandt& Doubles | Malcolm Doubles
    It depends on how you are asserting your claim. If you are listed on the account, you may only have to go to the bank. Otherwise, you may have to qualify or proceed under the small estate act.
    Answer Applies to: Virginia
    Replied: 1/10/2012
Click to View More Answers: