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Passed away leaving $$$ in savings account??? No will either...

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StarsMoon

Member
What is the name of your state? This is in Tenn...

Parent passed away recently. They didn't leave any will. Didn't have any assets whatsoever. Was indigent, living in a V.A. hospital for many many yrs. Alcohol was drug of choice. Parent was not married. Parent had 2 grown children, who are next of kin. Children found that parent had 2 saving accounts. One worth $8.00 and another worth$7,000. Can the children use the death certificate to close the accounts and claim the money? What would be the process in this matter if the death certificate can't be used for that purpose. The person didn't have a pot to pee in. Only had a small monthly pension from military.
V.A. mentioned that there was a $300 dollar death benefit to be collected, what's that about? Do they go to the Social Security office? or where, or what... to inform them of their demise. The 2 children want to get this matter solved and behind them.
Thankx for any advice given..
 


mjamie

Junior Member
Although this post made me ill, I will set aside my own feelings here.

First step is to open probate. Even if you claim there are no assets, there are. There are 2 savings accounts. If there were any debts, then those savings accounts will have to pay the debts first. Whatever is left in the end will be divided amongst the children. I am unsure about the death benefit.

If he didn't have much, probate will not be difficult. You basically go to the courthouse, open probate, notify creditors, and then wait. Once the deadline for claims against the estate passes, you file to close probate and distribute assets. The whole process takes about 6 months.
 

StarsMoon

Member
Thank you for your reply.
I'm sorry if the situation was not up to par. But, this person led a very shady life. From what I gather from the 2 adult kids is that he left being a parent to 2 small kids. One of them said that in the last 22 yrs, she had seen her father twice, only because she went looking for him when her family went on vactions in that area. But, as soon as she would go and get her kids to meet their bio-grandfather, he would split and she couldn't find him.
The other kid said that when he would go and see the father at the V.A., the father wouldn't even come down to greet him. He even claimed that there were times when the kid had to track him around town at different bars just to see if the father would like to meet his new grandbaby.
It is sad cause this father gave up on life. The kids said that he never worked after their mother left him cause he didn't want to pay child support. Their mother said that he was in the 6 digits for child support.
They just want to put this behind them. That's all...
Thanx again...
 

Dandy Don

Senior Member
Probate is needed so that whoever files to open it up will become executor (or hire an attorney to do it) to that the executor can have the legal authority to handle all assets. Just having a family member show up at the bank with a death certificate will not work.

You can look in the phone book to find the name of the Veterans Administration office in your area--if you can't find it, ask a local librarian or veterans group to help you find it. That is where you get the claim for the death benefit.
 

aanubis

Member
The VA will ~ONLY~ reimburse burial/cremation expenses to the person who can show proof of having paid to start with. That person must have a certified copy of the death certificate, a statement from the funeral home signed by the funeral director showing who paid, copy of the honorable discharge and the VA burial claim allowance 2 page form completed. These items can be mailed.

As for social security, if the decendent had no suriving spouse (hard to tell from the op) then possibly the spouse could be entitled. You state there are 2 grown children, they are not entitled to anything from social security.

VA claim and social security are 1 distinctly different items with different requirements.
 

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