What forms do I need to be a personal representative for my deceast brother ?

[dborer02]

What is the name of your state (only U.S. law)? Nebraska
My brother passed away in Saline county Wilber, Nebraska. He had no will and my family asked me to take care of notifying his services. Everything is taken care of execpt I need to transfer the title of his truck to my mom ( worth $300 ) and close his bank acct which is in Michigan with what they call letters of authority. He had no assets other then the truck and the checking account is almost empty - There is a check for $16 from his retirement. How can I close these last bit of issues out ? Thanks in advance -- Don

 

[anteater]

Nebraska has a provision for the collection of personal property by affidavit if the value of the personal property does not exceed $50,000. You might be able to find the affidavit form online. Or give a call to the county court. They may have the forms available. Also, check with the department/bureau of motor vehicles to confirm what they require.

Fair warning: You may have a fight with the Michigan bank. Out-of-state financial institutions are often wary about accepting anything but letters testamentary from the court. You may have to be firm (but polite) and insist that the mater go up the bank's food chain if, at first, they decline to accept the affidavit.

30-24,125. Collection of personal property by affidavit.
(a) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating:

(1) the value of all of the personal property in the decedent's estate, wherever located, less liens and encumbrances, does not exceed fifty thousand dollars;

(2) thirty days have elapsed since the death of the decedent as shown in a certified or authenticated copy of the decedent's death certificate attached to the affidavit;

(3) the claiming successor's relationship to the decedent or, if there is no relationship, the basis of the successor's claim to the personal property;

(4) the person or persons claiming as successors under the affidavit swear or affirm that all statements in the affidavit are true and material and further acknowledge that any false statement may subject the person or persons to penalties relating to perjury under section 28-915;

(5) no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and

(6) the claiming successor is entitled to payment or delivery of the property.

(b) A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in subsection (a).

(c) In addition to compliance with the requirements of subsection (a), a person seeking a transfer of a certificate of title to a motor vehicle, motorboat, all-terrain vehicle, or minibike shall be required to furnish to the Department of Motor Vehicles an affidavit showing applicability of this section and compliance with the requirements of this section to authorize the department to issue a new certificate of title.