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My father passed away without a will

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sung3d

Junior Member
What is the name of your state? Colorado

My father passed away without a will and he didn't own a house nor a car but 2 bank accounts and some personal stuff such as clothes and books. His two bank accounts didn't have much balance as far as I know - less than 1000 dollars total. It was soley under his name - not a joint account with my mom.

Since there is no will left, I assume that my mother will be the one who gets whatever left in the bank. Because she doesn't speak English, I accompany with her to the bank to retrieve my father's account, they said that they need some kind of document such as power of attorney(?). We already have death certificate and don't know what to do next to help my mom to access my father's bank account.

Also, I noticed that she gets call from a credit card company for my father's unpaid balance.

What do I need to do?

Thank you in advance for any information/advice.
 


curb1

Senior Member
Was your mother married to your father?

The bank should be able to tell you exactly what you need. Have them write it down for you. It would not be a power of attorney, however. It most likely will be positive identification for your mother. The death certificate would be required and proof that your mother was married to your father.

When your mother gets the money from the bank account, she needs to pay the credit card bill.
 

garrula lingua

Senior Member
The State of Colorado has a self-help website.
Apparently, you would have to file this form: Petition For Adjudication of Intestancy, at:
http://www.courts.state.co.us/chs/court/forms/probate/CPC13-P.doc


go to courts.state.co.us/ and to the Self-help section, there is also a brochure re Probate.

If your Dad paid into Social Security, there is a small burial/death benefit.

Also, he may have had some employment benefits ??
If he was a veteran, and your Mom's income is low, she may qualify for some benefits.

Good luck; I'm sorry for your loss.
 

sung3d

Junior Member
First of all, curb1 and garrula lingua, thank you so much for your quick response.

Was your mother married to your father?
Yes, they are legally married for over 38 years but don't have marriage certificate since they married overseas.

When your mother gets the money from the bank account, she needs to pay the credit card bill.

She should pay the credit card bill with the money from father's bank account only if she gets them right? I assume that my mother doesn't have to use her own money to pay my father's credit card bill since the card was under his name only?

garrula lingua,
Thank you, I will check the Colorado website about the Probate.

He was unemploye at the time of death nor he was veteran.
But she is gettings some social benefits already.

Thnak you again for your heart.
 

curb1

Senior Member
If they were married your mother will most likely be responsible for paying the credit cards and his other bills that they had as husband and wife.

Check with the bank for the exact requirements to obtain the money in the account. Have them write down the instructions and then follow the instructions.
 

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