[ME] Was it legal for my sister to withdraw money from our late father’s bank account if his will hasn’t gone to probate?
If my father's will hasn't been taken to probate, how was it possible for my sister to withdraw all the money they were supposed to split down the middle when she was not on his bank account and not appointed personal representative?
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In Maine, if a person dies with a “small estate,” they do not need to go through the formal probate process. Instead, an affidavit can be signed affirming that the estate meets certain requirements.
This process is called the “Collection of personal property by affidavit” and is outlined in the Maine Probate Code (Title 18-C, §3-1201).
In order to use this affidavit, the death must have occurred at least 30 days prior to when the affidavit is signed.
The value of the decedent’s estate, less encumbrances and liens, must be less than $40,000 (indexed to inflation: $49,700 in 2024).
So if you want to find out any information and to distribute the money according to his will if it was less than $49,700, then here is the form - Maine Small Estate Affidavit (Form AF-102)
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If my father's will hasn't been taken to probate, how was it possible for my sister to withdraw all the money they were supposed to split down the middle when she was not on his bank account and not appointed personal representative?
Lexi, Chatbot
I'm sorry to hear about the situation with your father’s will. Was there a specific reason why the will hasn't been taken to probate yet?
I don't really know.. He had two personal representatives on there and they both withdrew from it. I get very discouraged when I start doing any paperwork to do with it.
Lexi, Chatbot
Do you know if your sister provided any documentation or legal authority to the bank to withdraw the money?
What documents could she have provided without my consent?
Lexi, Chatbot
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with the probate issue.
No.
Legal Eagle
Hello! Legal Eagle here, and I am an attorney specializing in your area of law.
Have you had any discussions with your sister about how she was able to access the funds?
No, we do not get along. We haven't our whole life and I'm really tired of fighting with her. But if she did withdraw it, I need to know how I figure out if she did or not. The bank won't give me any information without the proper documentation.
Legal Eagle
I'm so sorry about that! Do you know if she was a beneficiary of the bank account?
She's the type of sister that will go around telling everybody that she withdrew all the money but really didn’t just to get me wound up. She was not beneficiary.
Legal Eagle
I'm so sorry about that! Were you able to confirm anything she said?
No, I do not know what documents I need to present to the bank to figure that out.
Legal Eagle
I'm so sorry about that! Did he have a will at all?
Yes, he did have a will.
Legal Eagle
Ok, I've got what you're getting at here! Were there any other facts you'd like to add before I answer your question?
She's just evil, and there’s a $30,000 tractor that she hasn’t made one payment on but has acted like she’s made every payment since he’s passed away. But they’re looking to repossess it and she’s hiding it.. and she used my name falsely when they showed up there. She said that she was me and that she wasn’t home.
If she did take that money out of the bank and spent it, I want her to pay for this.
December 3rd will be the 3-year mark that he's been passed.. so if I'm going to do anything with probate I have to do it within the next 6 months.
Legal Eagle
So legally no one can just take from the account unless they were an owner or a beneficiary. The only things that you could realistically bring is some proof that you have started probate and that you are the executor (manager) of his estate.
What state was this in again?
Maine.
Legal Eagle
In Maine, if a person dies with a “small estate,” they do not need to go through the formal probate process. Instead, an affidavit can be signed affirming that the estate meets certain requirements.
This process is called the “Collection of personal property by affidavit” and is outlined in the Maine Probate Code (Title 18-C, §3-1201).
In order to use this affidavit, the death must have occurred at least 30 days prior to when the affidavit is signed.
The value of the decedent’s estate, less encumbrances and liens, must be less than $40,000 (indexed to inflation: $49,700 in 2024).
So if you want to find out any information and to distribute the money according to his will if it was less than $49,700, then here is the form - Maine Small Estate Affidavit (Form AF-102)
Thank you. So if she did this document without my consent, what can happen to her? Because there was a will and if the bank let her withdraw that money knowing that he had two daughters. Can the bank get in trouble for that?
Legal Eagle
Sure thing! The law doesn't require your consent for something like this. However, if she did take out the money using this form, then she would have had to distribute the cash according to the will in this case.
So if you call the bank, find out what they knew in this case and what they were offered as far as information.
They said they cannot give me any information unless I was on the account. But they did say something about an affidavit of the small estate and copy of his death certificate.
So I’m going to take this document to my bank, get it notarized and then take it to his bank with a copy of his death certificate to see what is up. So if she did take the money out and didn’t give me my half, what do I do if that’s the case? She can get in trouble for that, correct?
Legal Eagle
So if she didn’t distribute the money according to the will, then yes — you have a right to sue in court and demand that she deliver the money according to the will if you were entitled to it in the will.
Yeah it says the house went to her — which she was co-owner on before he died — and then everything else besides the pickup that she stole and didn’t give to the person that it was left to in the will was supposed to be split right down the middle.
Legal Eagle
I'm so sorry about that! I'd have to recommend hiring a lawyer to inspect the will, call the bank on your behalf, and help you sort this out.
Legal Eagle
You don’t want to go to any conclusions about what to do just yet. I’d find out from the bank what money was taken out, if there was an affidavit, when it happened, and then compare it to what’s in the will and who was supposed to get what.
Thanks.
Legal Eagle
For sure!
Legal Eagle
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