I live in Massachusetts as well as my 3 other sisters and our parents who are in their 80s live in Florida. My father’s only brother from South Carolina passed away 3 years ago (they were very close) We recently learned from a friend in SC of a CD in the amount of 67k that was my uncle’s. This CD was in a bank in Connecticut. We assumed this money belonged to my father being the only immediate family (next of kin). However since we did not have a will (the Will is lost) my father was not able to directly receive the money. So one of my sisters took it upon herself to take some legal action and moved that money into “an estate” checking account. She is the “owner” of this estate. I don’t have all the details from her as she is being very secret about it. I do know that she said she has to go to “probate court”? My dad is a vulnerable and passive type of person and unfortunately my dad and I are not fully clear on how this works and having a hard time understanding the process that my sister is doing. My dad being elderly is confused (I’m confused a little too) yet wants to trust my sister that she is doing the right thing and not spending that money. Based on what you’ve outlined here, it sounds like your sister petitioned the probate court in South Carolina to be named the administrator of your uncle’s estate. (That’s like being the executor, but when there’s no Will; also called the Personal Representative). And that would make sense, because you’d need a probate to transfer an asset that large. If that’s what she did, and the court did appoint her administrator, she could take the paperwork issued by the court, and use it to open an estate account. But she’s NOT the owner of the money, she’s in charge of safeguarding it until the probate process is completed. That process requires that all creditors be notified, all assets identified, all heirs be notified, and all debts paid. At that point, the court will issue an order distributing that money to the appropriate people under that state’s law of intestacy. What’s confusing is that your father, as the only living heir, should have received notice from the court of your sister’s petition to be named administrator. To find out what’s actually happened, you should call the probate court in the county where your uncle died to find out about any proceedings there under his name. Here’s a helpful article on settling an estate in South Carolina as well.
Tag Archives: intestacy