Legal Question in Credit and Debt Law in Pennsylvania

My cousin died Nov. 29, 2014. She was in a nursing home for a number of years. She owned no property or possessions. She had a burial reserve account. Her burial expenses were paid from this account leaving balance of $1,400+. She had no will. I was the contact person for Penndale Mental Health, and the nursing home where she reside. I was the only family member who visited her and cared for her. My name is on her death certificate as the infortmant. She has no living parents or siblings. The bank told me I would have to seek legal advice on how to get the balance of her burial fund. It is not right that the bank keep this money. How do I go about getting the balance???


Asked on 7/15/15, 11:45 am

1 Answer from Attorneys

You will need to probate an estate or use the procedure for collecting assets for small estates. The problem is that the nursing home may be owed money. If there are outstanding debts, then the nursing home or other claimants will get some of this money and if that is the case, you may not want to bother. I would talk to the register of wills for the county in which the estate will need probated. I am willing to bet the bank may not be willing to release the funds unless you submit a short certificate or some other document showing that you are authorized to collect on behalf of the estate.

While you indicate that your cousin had on assets, you do not indicate whether she was married or had any children. If she did, then these are the people who would be entitled to the funds, not you. Even if there is no spouse or children, I do not know exactly how you are related. Pennsylvania has laws regarding inheritance, but it depends - there is a cut-off point. Are you first-cousins? More distantly related? I am assuming that the cousin's parents are dead. But did she or he have any brother's and sisters who are alive? You indicate not. What about other cousins? If so, then you may have to share any money with them. So I would consult a local probate attorney first before you go off filing anything.

Just so you know, the bank does not get to keep the money indefinitely. If its unclaimed, then at some point it is going to escheat to the state of Pennsylvania.

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Answered on 7/15/15, 9:57 pm


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