Probate Issue - ALL siblings must sign or we cannot access the money

[mahjong11]

My father died intestate, leaving money in his checking account. I was told that to access this money, I would have to have all my siblings sign and notarize a paper authorizing me to administer this account, and disburse the money equally amongst us all. I have one sister who is mentally incompetent and currently in a group home. I also have one brother whom I haven't seen for 20 years; I have no idea where he is or how to find him. My remaining siblings have submitted the paperwork needed. The woman at the probate office insists that ALL my siblings must sign or we cannot access the money. What can I do now?

[AFFA]

I wish to inform you that property of the deceased is distributed between all the living legal heirs. In your case guardian of your sister who is mentally incompetent will act on behalf of your sister. As regards your brother who is missing from last 20 years you may obtain an order from court of being presumed dead. If a person is missing from long time and no person knows about whereabouts then the person can be presumed to be dead by court. For obtaining such an order you will have to petition to court and obtain order from court and then you can act on the bank account and distribute proceeds.

AFF

Originally Posted by mahjong11 My father died intestate, leaving money in his checking account. I was told that to access this money, I would have to have all my siblings sign and notarize a paper authorizing me to administer this account, and disburse the money equally amongst us all. I have one sister who is mentally incompetent and currently in a group home. I also have one brother whom I haven't seen for 20 years; I have no idea where he is or how to find him. My remaining siblings have submitted the paperwork needed. The woman at the probate office insists that ALL my siblings must sign or we cannot access the money. What can I do now?

Who is the legal guardian of the mentally handicapped sister? If she doesn't already have a legal guardian, you would have to petition the Probate court to become her legal guardian so that you can make decisions on her behalf.

As far as the brother, nobody knows where he is? That seems rather odd. A SSN check could do wonders in tracking him down. We live in the information techo age and it's very odd he would be untraceable.

Be that as it may, you can still put out a public notice in the paper of his last known address, let it run for the proper length of time in your state (check with your district's Probate Court for that information) and keep copies as proof you went through those proper channels before trying to gain the necessary documents to access your father's accounts.

[Friend In Court]

Originally Posted by mahjong11 My father died intestate, leaving money in his checking account. I was told that to access this money, I would have to have all my siblings sign and notarize a paper authorizing me to administer this account, and disburse the money equally amongst us all. I have one sister who is mentally incompetent and currently in a group home. I also have one brother whom I haven't seen for 20 years; I have no idea where he is or how to find him. My remaining siblings have submitted the paperwork needed. The woman at the probate office insists that ALL my siblings must sign or we cannot access the money. What can I do now?

As long as the money is distributed proportionately, I suggest you see a probate judge, not a clerk for an order to distribute the money. For the brother who is missing, his portion may be deposited in the registry of the court. If he does not redeem in a reasonable period of time, per your state's laws, it will go to the state. And they will hold the money, publishing from time to time in the "unclaimed property" section of a daily newspaper, which all states usually do at least once a year. After a prescribed statutory period of time if he does not claim, his portion will go to the estate.

If your incompetent sibling has a guardian, this needs to be noted in the court file and the funds go to her guardian.

[mahjong11]

Thank you! I find this extremely helpful, indeed!

[Friend In Court]

I just noticed a typo. His unclaimed portion of the inheritance will go the "state", not "estate." That is how the states handle unclaimed property, deposits with utility companies, unclaimed inheritances, unclaimed wages due, money left in bank accounts, etc.

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