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Father passed away, no will, very little money

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pezstar

Junior Member
What is the name of your state? North Carolina

My father passed away about 60 days ago. He had no will, no wife, very few personal effects... we're talking about a 46 year old man with a lifetime of drug and alcohol abuse. It was/is an indigent situation. I had not seen him in twenty years before I saw him in his casket.

Here's where it complicates. He has three children. One is 15, one is an adult, the other is me. The other adult child has signed papers agreeing to allow me to be issued the letters of administratorship. The 15 year old is a minor. I'm not sure how to handle that. Does her mother have to sign that over to me? Does she get no say?

Literally three weeks before my father passed, he received a sizeable check from Social Security with lots of back pay. His bank account had just over 9,000 dollars in it. He had just purchased a 2,000 dollar TV and sound system. In going through his things, I was able to obtain the receipt for it.

I had never met my 15 year old sister. In fact, I didn't know of her existance until I arrived in NC for the funeral. I live in Boston. She is not in a good situation. Her mother is clearly drug addicted, and calls me regularly to ask me where her money is. She is not well... it's hard to describe the situation, but suffice it to say that under no circumstances does my sister's mother need to get her hands on what little money is to be distributed.

Yes, it's southern redneck drama, and i really hate dealing with it. I can't afford an attorney... I'm in college and can barely afford that.

What do I do? I've got my adult sister's paperwork agreeing to allow me to administer the estate, but what do I do about my minor sister? I would like for her to be able to get what little money is there for her but I do NOT want her mother to be able to touch it. I intend to give her my share as well, as after this semester, I'm done with college, and she will desperately need the money to help pay for her tuition in a couple of years. She lives with her grandmother, however, her mother does have custody.

I have checked with Social Security, and the money sent to him does not have to be returned.

Literally, aside from an obnoxiously enormous television, the only thing this man had was a 3 week old bank account with 9500 dollars in it. Is probate applicable here?

I apologize for the rambling. I'm completely lost here.What is the name of your state?
 


divgradcurl

Senior Member
pezstar said:
What is the name of your state? North Carolina

My father passed away about 60 days ago. He had no will, no wife, very few personal effects... we're talking about a 46 year old man with a lifetime of drug and alcohol abuse. It was/is an indigent situation. I had not seen him in twenty years before I saw him in his casket.

Here's where it complicates. He has three children. One is 15, one is an adult, the other is me. The other adult child has signed papers agreeing to allow me to be issued the letters of administratorship. The 15 year old is a minor. I'm not sure how to handle that. Does her mother have to sign that over to me? Does she get no say?

Literally three weeks before my father passed, he received a sizeable check from Social Security with lots of back pay. His bank account had just over 9,000 dollars in it. He had just purchased a 2,000 dollar TV and sound system. In going through his things, I was able to obtain the receipt for it.

I had never met my 15 year old sister. In fact, I didn't know of her existance until I arrived in NC for the funeral. I live in Boston. She is not in a good situation. Her mother is clearly drug addicted, and calls me regularly to ask me where her money is. She is not well... it's hard to describe the situation, but suffice it to say that under no circumstances does my sister's mother need to get her hands on what little money is to be distributed.

Yes, it's southern redneck drama, and i really hate dealing with it. I can't afford an attorney... I'm in college and can barely afford that.

What do I do? I've got my adult sister's paperwork agreeing to allow me to administer the estate, but what do I do about my minor sister? I would like for her to be able to get what little money is there for her but I do NOT want her mother to be able to touch it. I intend to give her my share as well, as after this semester, I'm done with college, and she will desperately need the money to help pay for her tuition in a couple of years. She lives with her grandmother, however, her mother does have custody.

I have checked with Social Security, and the money sent to him does not have to be returned.

Literally, aside from an obnoxiously enormous television, the only thing this man had was a 3 week old bank account with 9500 dollars in it. Is probate applicable here?

I apologize for the rambling. I'm completely lost here.What is the name of your state?
Check with the county courthouse for the county in which he died. They may very well not require probate for such a small estate, or may have simplified probate proceedings for a small estate. Anyone can open probate.

The proper thing to do with the money that goes to your sister would be to open up a trust account for your minor sister, then deposit her share of the estate into the trust account, to be released when she turns 18. A bank should be able to do the trust for you.
 

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