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cobber24 Asked July 2018

Grandmother passed away in nursing home a few years back but somehow has $1400 in checking account? Are we able to close account and take it?

shad250 Jul 2018
cobber24

Depending on your state laws, even if there is a claim it would be too late for a creditor(s) to collect, since there is a statue of limitations for when a claim can be submitted. If there was probate open you can go to the county where it was filed, website and put in her name to view information on the Probate account.

cobber24 Jul 2018
But that money has sat in that account for over 3 years now it just seems odd to me but I don’t know all the rules about this.

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cobber24 Jul 2018
Yes so that is the issue the statement is in my grandmothers name only. How do I go about finding out if their is a claim against it? Her life insurance took about $6,000 out shortly after her death because the account had 7500 and now a little over $1500.

Guestshopadmin Jul 2018
If grandmother was on Medicaid, he may be afraid that there IS a claim against it. You can ask if that is the concern because that might be a reason not to just take it if you never opened probate. Depending on how the account is titled, if there was no will or probate the bank may not legally just release funds. He may receive a statement in mom or grandma’s name not his own.

wally003 Jul 2018
as long as all grandmothers debts have been paid? and her final taxes have been filed. I don't see why your dad couldn't close the account if he has access if an account goes dormant its possible the account could go to unclaimed funds. why not just ask the bank?

cobber24 Jul 2018
Awesome thanks for your help. I will look into this!

Isthisrealyreal Jul 2018
U r welcome. Dads poa died when she did. He can close the account in 6 months as long as she has no debtors. (In AZ this is the rule) I would ask the banker, they know the laws better than most attorneys.

I hope it gets settled for you soon.

cobber24 Jul 2018
No will and she died in the nursing home 3 years ago. My dad took over in 2013 as poa because my mother passed away before my grandmother did.

cobber24 Jul 2018
So it was my moms mother( my grandmother ) that died in 2015. Unfortunately my mom died in 2013 and my father took over as poa on the account and is afraid to close it saying for the last 3 years he has to leave it in there?? I don’t know the laws but my sister and I could use the money and he would be more than willing to give us the money he’s just afraid he will get in trouble I guess for closings the account even though he has access to it and receives a bank statement every month. I really appreciate the response by the way.

Isthisrealyreal Jul 2018
Did she have a will? Are you next of kin, by legal definition?

If no to 1st and yes to 2nd, you should be able to take a death certificate and proof of relationship to the bank and close out the account.

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