If not specified in her Will, how this should be handled upon her death and what would happen to this money? 27 Answers as of February 04, 2013

My Mother who passed last year January 1, 2012, as it turns out left money in an account in Michigan.

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DOUGLAS A. TULL, P.C.
DOUGLAS A. TULL, P.C. | Douglas A. Tull
If mom died a resident of another estate - and if there were probate proceedings in that state, you can start "ancillary proceedings in Michigan to handle that asset - if you do nothing it will "escheat" to the state of Michigan eventually.
Answer Applies to: Michigan
Replied: 2/4/2013
Law Offices of Gerald A. Bagazinski
Law Offices of Gerald A. Bagazinski | Gerald A. Bagazinski
Her will should have a residuary clause. If the property was joint POD or otherwise left to another person outside the will, there is little recourse.
Answer Applies to: Michigan
Replied: 1/28/2013
Hamblin Law Office | Sally Hamblin
What is the status of the estate proceeding. If still continuing, the executor/representative needs to get proper authority from court to obtain the money and go from there. If case closed, the personal representative/executor can still bring up the bank account issue with the court. If personal rep not available, then you as daughter can go to the court.
Answer Applies to: Michigan
Replied: 1/24/2013
Jensen Law Group, Ltd | Greg L. Jensen
If your Mother left money in any account with another person on the account jointly, then they get all the account money. The Will would not matter. If you mother left a Will, it should have been filed with the probate court. The court would appoint the person she named to be the executor, or the court might appoint the Public Administrator to handle the probate proceeding. Find out if here Will was ever filed with a court and in which county.
Answer Applies to: Nevada
Replied: 1/23/2013
Frederick & Frederick PLC | James P Frederick
It is almost certainly covered in the Will. If not specified, then it would pass under the "residuary clause" of the Will. That usually says something like, "I leave all of the rest, residue and remainder of my estate to..."
Answer Applies to: Michigan
Replied: 1/22/2013
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    The Will should direct who receives assets in her estate. If no Will the state will direct who is to inherit her property. Property in Georgia will be determined by Georgia law. Property in another state will be governed by the laws of that state. Barry Your financial plan is not complete until it is co-ordinated with your estate plan. Will your family be provided for when you are gone. Without a Will, the court will decide.
    Answer Applies to: Georgia
    Replied: 1/22/2013
    James Law Group
    James Law Group | Christine James
    It depends upon the amount of money left in the account, whether there was a beneficiary in the account and what the institutions policies and procedures are. Contact the institution where the money is held directly. If that doesn't work, contact an attorney.
    Answer Applies to: California
    Replied: 1/22/2013
    Marcus Kroll
    Marcus Kroll | Marcus Kroll
    Needs to be administered according to the rules of intestacy.
    Answer Applies to: New York
    Replied: 1/22/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    The account is treated as being part of her estate in the state where she was domiciled. If she lived in California, then it is part of her California estate. It is, of course governed by her California will.
    Answer Applies to: California
    Replied: 1/22/2013
    Stephens Gourley & Bywater | David A. Stephens
    If the will does not specify it would pass under the laws of intestate succession. You may need a probate to make that happen.
    Answer Applies to: Nevada
    Replied: 1/22/2013
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    If your mother left a Will, it probably has a residuary clause that would cover this. You will need authority to persuade the Bank to release the money. That means some kind of probate in Oregon (and possibly Michigan).
    Answer Applies to: Oregon
    Replied: 1/22/2013
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    The amount left in an account in Michigan should go a part of the residue of your mother's estate. If no estate has been opened, then please see an attorney in regard to opening up a probate estate.
    Answer Applies to: Missouri
    Replied: 1/22/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    The terms of the bank account, and its ownership, may be determinative. Otherwise the money is going to be part of her estate and distributed in accord with her will. See an attorney with all of the details.
    Answer Applies to: Michigan
    Replied: 1/22/2013
    Danville Law Group | Scott Jordan
    Did your mother pass in California? Did she live in California? How much money was left in the account? Is that all she owned? Generally, unless a beneficiary was designated on the account, all of your mother's children would be entitled to an equal share of the account.
    Answer Applies to: California
    Replied: 1/22/2013
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    The Will generally has a residuary clause, i.e., a clause that states, "I leave the rest, residue and remainder of my estate to." which would cover any assets not specifically mentioned.
    Answer Applies to: Florida
    Replied: 1/22/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    If the will has the statement or something similar "rest and residue to so and so", then that person will receive the money. There may have been beneficiary designations to the monies there on the account in Michigan. Was your mother a resident of Michigan or Florida? If a Michigan resident may be best if filed the probate up there and abide by the probate court in Michigan. If a Florida resident, the letters of administration may suffice in Michigan. If the account is in a national bank, i.e., Bank of America, Wachovia, etc., the personal representative may present the letters of administration to the Bank here in Florida and it should suffice. Otherwise, it may be best to file the probate in Michigan. Check with an attorney familiar with probate.
    Answer Applies to: Florida
    Replied: 1/22/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    First, as to who the money in the account should go to should be addressed in the will. Even though there is no specific mention of the money, well drafted wills have a clause to cover property not specifically referred to in the will. Second, there is no mention which state she lived in, but if it was not Michigan you would have to determine if Michigan probate law has a provision which allows the money to be paid over without opening a probate there.
    Answer Applies to: California
    Replied: 1/22/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Assuming that all the debts of the estate have been paid, the funds will become part of the remainder of her estate and should be distributed according to the terms of her will unless a beneficiary is named on the account itself.
    Answer Applies to: Nebraska
    Replied: 1/22/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    If she had a residuary clause in her Will that would cover anything not specifically mentioned. If the account is Michigan property you would have to contact Michigan to see how to probate the estate there and get the money.
    Answer Applies to: Delaware
    Replied: 1/22/2013
    Martin Barnes - Attorney at Law
    Martin Barnes - Attorney at Law | Martin Barnes
    The short answer is that you will want to consult with your attorney or the attorney that is handling your mother's estate. It is always difficult to answer a question like this one without having viewed the will and information about the account in question. But below are some considerations: You mentioned your mother had a will. Depending on the type of account and the ownership characteristics of the account (i.e. was it a joint account?) and whether there were provisions with the financial institution for transfer on death (or perhaps beneficiary statements if the account was, for example, an IRA) the account could pass outside the provisions of the will. On the other hand, if the account was owned exclusively by your mother and was not subject to a transfer on death or a payment on death arrangement and was not the type of account that would have a beneficiary assignment, it would likely be subject to the provisions of the will. Most wills have a provision that addresses the residuary assets of the estate; in other words, assets owned by your mother that are subject to her will but were not addressed in another provision of the will. If your mother's will had a residuary clause and if the account was not addressed otherwise, the account would likely pass according to the provisions of the residuary clause. I encourage you to discuss this matter with your attorney.
    Answer Applies to: Indiana
    Replied: 1/22/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    The account would pass to the residuary beneficiaries in the Will. It need not be specifically mentioned. If there is no residuary clause then it would be vis a vis the intestate law in the state where she resided at the time of death. A probate may or may not be necessary depending upon the value of the account and the value of her other probate assets.
    Answer Applies to: Nevada
    Replied: 1/22/2013
    GOLD & ASSOCIATES, P.C.
    GOLD & ASSOCIATES, P.C. | KENNETH GOLD
    You may need to open a probate estate.
    Answer Applies to: Michigan
    Replied: 1/22/2013
    The Wideman Law Center, P.C. | Susan Wideman Schaible
    If there is money in an account with no named beneficiary, this will need to go through Probate. There are simple procedures for small probates. You should contact an attorney for assistance.
    Answer Applies to: Michigan
    Replied: 1/22/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You need to start a probate action and the personal representative can get the money in the account.
    Answer Applies to: Idaho
    Replied: 1/22/2013
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    Almost all wills have a "residuary" clause. Anything not specifically given under the will would fall under that clause. If there is no residuary clause, then you would have a partial intestacy, and that portion would fall under applicable intestacy law.
    Answer Applies to: Texas
    Replied: 1/22/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    A probate will be needed if the account is solely in your mother's name.
    Answer Applies to: Michigan
    Replied: 1/22/2013
    Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
    Usually the Will provides for what happens with the residue of the estate (everything left after specific gifts). Have a lawyer review the Will for you.
    Answer Applies to: Illinois
    Replied: 1/22/2013
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