estates and probates

YOUR STATE NAME - KENTUCKY
My dad passed away May 3. On the first of the month his Social Security and Veteran's checks were direct deposited in his checking account. I was his "representative payee". The bank has put a "hold on Dad's account. There is about $1100 in that account. Dad left no will, no bills, no estate, and no other money. I understand that Social Security and Veteran's will be asking for their May deposits back. This will be $984. What is the cheapest way to access Dad's account so I can pay these bills when they come in. My brother and I cannot afford to pay a lawyer to do this. I talked to one lawyer and he wanted $150. This would put us "in the whole" in the situation. Do we have to set up an executor of his estate if there is so little money to take care of?

Thanks for your help.

First, check with the bank to see if your father named anyone to be beneficiary of this account. If he did, then that person can ask for a check to close out the account because the money would pass directly to them under the concept of joint tenancy with right of survivorship, without having to go through probate. If you were to politely explain your circumstances, they might be nice enough to go ahead and release the money to you.

If he did not name a beneficiary, then you WILL need to go ahead and file to be ADMINISTRATOR (not executor, but it means the same thing, but applies only when there is no will), because then you would receive the legal official authority to claim all assets, and usually the banks will not release the money to anyone else besides the executor.

DANDY DON