Legal Question in Wills and Trusts in Florida
Father passed away with $100 in bank account
Father passed away, naming my mother as personal representative. Bank refused to accept will and death certificate so mother could obtain $108 in deceased's bank account. Bank demands Order from court appointing my mother executor. No outstanding debts, funeral prepaid, everything passed to my mother. Ridiculous to pay attorney and filing fees just to obtain $108. How to force the bank to give up money w/o Order from court?
1 Answer from Attorneys
Re: Father passed away with $100 in bank account
The bank is required by law to only distribute the account according to a Court Order or it could face being sued. It doesn't matter that it is a small amount, the bank must protect itself. It is unfortunate that there is no beneficiary on the account, therefore, you will be required to go through probate to receive that money. If that is the only asset and there are no creditors than you can file Probate for Personl Property. There will be costs involved and it most likely would not be worth it since the costs would exceed the account.
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