Death in Family, No will of any sort...financial law?

[doubledeala]

Hi, I'm in Minnesota.

My situation is that my father passed away suddenly in August. He was perfectly healthy before his stroke.
What are we entitled to due to his death? (I know this is vague, but if anyone has time, I'd appreciate a link or a list of what we're entitled to)
We have filed for social security benefits, but they won't pay my mom because there is no proof that they were married. They got married in our home land, Laos. Therefore, we have no marriage documents. They also didn't file taxes jointly in '03 (but they did in earlier years), so they won't pay us. Isn't there something we can work our way around?

On another note, my dad has a wells fargo bank account with x amount of money in there. Wells Fargo says that they aren't allowed to give anyone access to the account unless they have permission from the account holder. Well, my dad never wrote a will or anything, obviously because he didn't expect to die anytime soon. The bank says they need a letter from a lawyer stating that we're allowed to close his account. Is there anyway we can access it without a will? Can we just get a letter from a lawyer to show the bank?

Your help is greatly appreciated, thanks!

 

[seniorjudge]

Contact the Laotian embassy in Washington DC and ask them about the marriage problem.

Also, ask Social Security if there are not other ways to prove marriage besides a marriage license.

Finally, Google minnesota intestate succession

http://www.finance.cch.com/pops/c50s10d190_MN.asp
http://www.revisor.leg.state.mn.us/stats/524/2-101.html

Intestate succession is fancy lawyer talk for where does the dough go when there ain't no will?

You also need to hire a lawyer.

 

[doubledeala]

Do we need to hire a lawyer for the intestate procedures? like, to begin the intestate procedures?

 

[Dandy Don]

First you have to figure up what you think the total value of his estate may be. Then ask at the county courthouse if they have special forms for smaller estates, if that is applicable.

You may not need an attorney to file for intestate, but it would be wise to consult with one at any point along the way if you have any unresolved questions.

Soon after you file, the administrator/executor will receive letters testamentary which authorize the administrator to claim any and all assets and this is what you will present to the bank (a certified copy of it).

DANDY DON IN OKLAHOMA ([email protected])

 

[doubledeala]

wow, thanks a lot. When you mean estate, do you mean, literally, a house under his name, or is it a flexible term for all of his liquid assets?

I'm sure I can ask the courthouse for this, but what would be considered a small estate?

PS -

sorry if i'm just asking a lot of questions, but do we need to file a tax return for my dad? or just leave it? or tell them about his death?