How to proceed after my brother’s death if he died without a Will?

Get Legal Help Today

 Secured with SHA-256 Encryption

How to proceed after my brother’s death if he died without a Will?

My brother passed away a couple weeks ago. He had no Will and only a power of attorney naming my dad. He was military, was not married and had no assets. What do we have to do to take care of his bills, and bank account, etc.

Asked on February 8, 2012 under Estate Planning, Alaska

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so, so sorry for your loss. You brother died intestate - with out a Will - and the intestacy laws in your state will govern how his estate will be distributed.  One of you needs to be appointed as the fiduciary - personal representative - of his estate. You do that by filing a petition in the probate court inthe county in which he resided at the time of his death. His legal state and county of residence will apply here.  Where he was stationed will not.  If he had very little then you should ask about a small estate proceeding and what the monetary limits are there.  Once you are appointed and issued "letters" by the court you will be able to withdraw funds inhis name and open an estate account to take care of his debts, accounts, etc.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption