• Affidavit of heir

My mom died without a will all she has is 140,000 in her bank account its just me and my sister and she wants nothing because i took care of my mom what way should I go to have rights to her account?? I live in Arizona.
Asked 3 years ago in Property Law
Religion: Christian

3 answers received in 30 minutes.

Lawyers are available now to answer your questions.

11 Answers

 

inform bank about mother demise . Enclose her death certificate 

 


 Whether your mother left  any nomination for the bank account 

 

approach bank to transfer money lying in her account 

 

enclose NOC of your sister 

 

bank may insist you furnish indemnity bond to indemnify bank in case any third party claims are made 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

 

Don’t transfer money lying in mother account for payment of her bills 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Since your mother has died intestate, and the transfer as to monies in the bank account of your mother are required to be transferred . The only thing that is needed is to submit the death - certificate of your mother to the concerned branch .

The nominee of the account can remit the funds into his/ her account . Incase, if there is no nominee then there is all together a different procedure which needs to be followed for which it is advisable to you to take proper and detailed consultation.

In case you require my assistance in the matter, i can be contacted through my google profile.

Link for the same is attached for your reference as: https://g.co/kgs/ZMWUyY

Your kind review will be appreciated.

Yuganshu Sharma
Advocate, Delhi
962 Answers
2 Consultations

Issue a lawyer's notice  to bank seeking transfer of  funds in to your account enclosing proof of  death, NOC from sister and proof of your relation with deceased mother.. Bank will ask you to produce succession certificate, property of mother being cash. File a petition in district Court for succession certificate giving details of your sister’s name and address. Court will issue notice to her and seek her consent. A public notice will also be issued  seeking objections from anyone. After that succession certificate will be issued in your name. Submitting the succession certificate you can direct bank to transfer funds to your account. No money can be withdrawn/transferred from the account of dead person. Court fee for succession is around six percent of  total amount.

Ravi Shinde
Advocate, Hyderabad
5128 Answers
42 Consultations

Since this is a small amount the bank may insist on succession certificate. 

However you may have to give an indemnity bond to the bank indemnifying the bank against losses if any in future in this regard and also by submitting a  NOC from your sister along with the death certificate of your deceased mother and fill up the claim forms.

But you need to be physically present for submitting the papers to the bank. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

You know it is an offense then why do you want to indulge in such illegal activities. 

Better follow the procedures of law in order to be safe from all the angles. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

If you are nominee to her bank account you can have access to the bank amount. Otherwise will need succession certificate to claim it

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Let your sister execute a registered Relinquishment Deed in your favour in the jurisdictional Sub Registrar's Office and based on that only you will be legally entitled to get the proceeds in your mother's bank account.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

- Legally , you have not right to use the amount of your mothers account without taking consent of the bank 

- Contact the official of bank to release the amount to you after taking the affidavit from the sister 

- If bank not agrees , then you can apply for getting Administrative bound from the court . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Yes, you will be held liable for conversion if you do so. You need to inform the bank and comply with their procedure for claiming the balance in your deceased father's account.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Dear Client,

As per the facts which have been provided, the heirs may have to present the will of the deceased stating their claim on the asset. In case the deceased died intestate, then the bank may be willing to deliver the assets to the legal heirs on the basis of Indemnity – cum – Affidavit if there is no reasonable doubt about the genuineness of the claimants. In this case, all the legal heirs making the claim will have to jointly submit an indemnity to the bank.

Hope this clarifies your query and requirement.

Thank you.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer