How do I obtain access to my Mother's funds in her saving account to use for her cremation cost?

Here is a link from NOLO:

https://www.nolo.com/legal-encyclopedia/how-estate-settled-if-theres-32442.html

Here is the back story: https://www.agingcare.com/questions/mother-terminally-ill-in-hospital-wont-be-returning-to-rental-apartment-adult-child-held-responsible-459844.htm?orderby=recent&page=1�

Georgyi, I am sorry for your loss. Are you in contact with the NH where your mom died? Their social worker might be able to point you in the right direction.

When my brother died intestate (he lived in NJ, me in MD) I had to go to the County probate/estate office in Toms River and produce identification that I was his sister (he never married) & his death certificate. I paid for and received a certificate of Administrator and then took that to my brother’s bank. Per their policy (BofA) I was entitled to half of the money in the account right then and there (after much pushback from BofA) and had to wait 4 months for the other half.
We (hubby and I ) had to pay for brothers cremation and service out of our funds and got reimbursed later. It wasn’t a difficult process but requires time and a lot of patience). I too, like you, lived out of the state he passed away in.
As someone stated the rights of succession are plainly stated. Since my brother had no wife or kids I was legally the next in line of succession. There was a fee to the county but I forgot what the cost was - under $200 if I remember correctly.

Okay, I remember you now. I am sorry that you are dealing with this long distance.

I hope that you and your mom worked everything out before she left this world and that you are okay. You did the best you could for her and she was blessed to have you.

Please listen to Stacy, she knows what she is talking about and can help you bypass lots of wheel spinning headaches.

Have you asked the bank what they require? Have you asked the bank if there was a payable on death beneficiary? Because if there was, that person gets the money in the account. I would think you would be the person she designated. If she did leave you as POD beneficiary all you have to do is give the bank a copy of the death certificate.

Did she have an insurance policy? Did she have a Will?

I will assume she never placed you on her bank accounts? If she did, you may still have access. Otherwise, you need to go to Probate in her County (or try to call) and ask to be Administrator. In my State, if the deceased has under 20k in assets than you just sign an affidavit. For a fee you will get a Short Certificate giving you permission to get to her accounts and carry out the same responsibilities as an Executor. You explain to the funeral home that you will pay them as soon as you can get to her funds. I doubt you are the first person that they had to wait for funds to be available. They will probably hold the ashes till then. In my area, the cost of cremation was about $2300.

As I said, in my area the Administrator carries out the responsibilities as an Executor. The difference is the State determines who inherits. Since ur the only child, that would be you. As I understand, signing an affidavit saying the estate is under 20k, there is no probate. Bills are paid with what she owes and you get what is left over. But each State is different so I would put a call into Mom's County Probate Office.

Dying without a will or beneficiary is governed by intestate succession laws. Each state has their own rules for resolving the account. I am not in CA, so I am not an expert or claim to be.

What you need to do is contact the bank and find out from them what you need as next of kin. It is usually a death certificate and proof of identity. Some states require a court appointed person to access the money to distribute. The bank will explain the process.

YOU are not responsible for anything, post death. You don't know who has the will and the right to make decisions? I imagine a mortuary will 'hold' remains for a length of time, but it will be expensive.

If you WANT to step up and pay for cremation, that is up to you, but you have no legal responsibility to do so.

Do all family members know of her passing? You might be surprised to find they do not know of Mom's passing, nor may they know if they are the executors. Sounds like her estate is very small and will barely cover EOL expenses.

I wish you luck, this is a sad reminder for all of us to at least do the minimum of decision making prior to our deaths. Saves trauma like this.

I am so sorry for your loss. May God give you strength and peace during this difficult time.

I think that the executor of the will is the only one that will be able to access any accounts.

POA ends at death, that is just a non starter, so don't worry about that. Find out who she named as her executor and that is who you will have to ask for her cremains.

I hope that you get your hearts desire but, please prepare yourself for the chance that you will not. Remember, your mom is gone and what's left is just the empty house she resided in. You carry the greatest part of her in your heart.

Who is the POA or executor? They will handle burial. If they do not exist and there is no other heir then the burial will come down to you, but so will any account. If there is a will and you were disinherited or something, then speak to whomever is the beneficiary; they may wish to see to Mom's burial. The place where she died will now be contacting the person who is listed as Mom's contact to arrange for mortuary services. Who is that person? Do you know? In answer to how you can access any of her funds for this? You can't really.