How to proceed after my brother’s death if he died without a Will?
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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 12 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.
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