# You die and have no family and no will- what happens to money you have in the bank?

**URL:** <https://boards.straightdope.com/t/you-die-and-have-no-family-and-no-will-what-happens-to-money-you-have-in-the-bank/432856>\
**Category:** Factual Questions\
**Created:** [January 9, 2008, 2:59pm UTC](https://boards.straightdope.com/t/you-die-and-have-no-family-and-no-will-what-happens-to-money-you-have-in-the-bank/432856 "2008-01-09T14:59:12Z")\
**Posts on this page:** 7\
**Page:** 3

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**Author:** ![ENugent](https://avatars.discourse-cdn.com/v4/letter/e/4af34b/32.png) [@ENugent](https://boards.straightdope.com/u/ENugent)\
**Post date:** [January 10, 2008, 1:42am UTC](https://boards.straightdope.com/t/you-die-and-have-no-family-and-no-will-what-happens-to-money-you-have-in-the-bank/432856/41 "2008-01-10T01:42:18Z")

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Send it to me, too, please! Sounds like quite a story.

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**Author:** ![Derleth](https://avatars.discourse-cdn.com/v4/letter/d/b9e5f3/32.png) [@Derleth](https://boards.straightdope.com/u/Derleth)\
**Post date:** [January 10, 2008, 10:53am UTC](https://boards.straightdope.com/t/you-die-and-have-no-family-and-no-will-what-happens-to-money-you-have-in-the-bank/432856/42 "2008-01-10T10:53:10Z")

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[QUOTE=acsenray]  
There is a very old, well-known, and simple way of ensuring that the law recognizes the interests and rights of your domestic partner. It’s called marriage.  
[/QUOTE]  
Subject to terms and conditions. Void where prohibited by law.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [January 10, 2008, 5:05pm UTC](https://boards.straightdope.com/t/you-die-and-have-no-family-and-no-will-what-happens-to-money-you-have-in-the-bank/432856/43 "2008-01-10T17:05:53Z")

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[QUOTE=Wee Bairn]  
Jesus, you mean my fucking parents who I have nothing to do with could come in and take money over a SO? What the fuck?  
[/QUOTE]

Again, depends on the law of the jurisdiction where you live and the assets are located. Some jurisdictions treat SOs as spouses for the purposes of inheritance; others do not.

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**Author:** ![Humble\_Servant](https://avatars.discourse-cdn.com/v4/letter/h/47e85d/32.png) [@Humble\_Servant](https://boards.straightdope.com/u/Humble_Servant)\
**Post date:** [January 10, 2008, 8:58pm UTC](https://boards.straightdope.com/t/you-die-and-have-no-family-and-no-will-what-happens-to-money-you-have-in-the-bank/432856/44 "2008-01-10T20:58:36Z")

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[QUOTE=Wee Bairn]  
Thanks all, and one more question- does someone actively go out and search for assets of someone who dies- like could I just tell the SO if I die, here’s my bank card, take money out as needed till it runs dry  
[/QUOTE]  
Upon your death, the money in your account belongs to your estate. If your estate belongs to your parents under the intestacy rules (because you have no will and no closer relatives) your SO’s taking the money from your bank account will likely be viewed as misappropriation from the estate, and possibly criminal theft. SO would be legally required to repay the money to the estate.

It’s possible no one will come looking if you have few assets and nothing titled in your own name that needs to be transferred (house, car) and therefore you don’t have to have probate to address those matters, but don’t discount the likelihood that your relatives will come looking. Generally, how is the state supposed to know that SO#1 is more important to you than SO#2 or BFF#3 if you don’t tell them? You want to consider a will or a joint account here.

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**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\
**Post date:** [January 11, 2008, 3:24am UTC](https://boards.straightdope.com/t/you-die-and-have-no-family-and-no-will-what-happens-to-money-you-have-in-the-bank/432856/45 "2008-01-11T03:24:36Z")

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[QUOTE=Wee Bairn]  
Thanks all, and one more question- does someone actively go out and search for assets of someone who dies- like could I just tell the SO if I die, here’s my bank card, take money out as needed till it runs dry, or would someone make the connection that I’m dead and freeze the account, assuming no one asks them to?  
[/QUOTE]

Sometimes.

[http://www.dcba.org/brief/mayissue/2000/art40500.htm](http://www.dcba.org/brief/mayissue/2000/art40500.htm)

[http://www.showmeboone.com/PUBLICADMIN/](http://www.showmeboone.com/PUBLICADMIN/)

Here is a very good documentary about what happens to those who die without next of kin: [A Certain Kind of Death](http://www.imdb.com/title/tt0342180/)

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**Author:** ![ForumBot](https://avatars.discourse-cdn.com/v4/letter/f/ee59a6/32.png) [@ForumBot](https://boards.straightdope.com/u/ForumBot)\
**Post date:** [January 11, 2008, 3:34am UTC](https://boards.straightdope.com/t/you-die-and-have-no-family-and-no-will-what-happens-to-money-you-have-in-the-bank/432856/46 "2008-01-11T03:34:58Z")

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A recent This American Life episode titled “Home Alone” did a short biography on a lady whose job it is to find relatives of those who died alone. I’m not an emotional person at all, but it was all I could do to not cry at the story peacing together an old woman who died alone with literally no one alive who knew who she was.

Educational and depressing.

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**Author:** ![Cluricaun](https://avatars.discourse-cdn.com/v4/letter/c/bb73d2/32.png) [@Cluricaun](https://boards.straightdope.com/u/Cluricaun)\
**Post date:** [January 11, 2008, 4:08am UTC](https://boards.straightdope.com/t/you-die-and-have-no-family-and-no-will-what-happens-to-money-you-have-in-the-bank/432856/47 "2008-01-11T04:08:40Z")

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[QUOTE=Gfactor]  
Here is a very good documentary about what happens to those who die without next of kin: [A Certain Kind of Death](http://www.imdb.com/title/tt0342180/)  
[/QUOTE]

I’ve seen that, and while I’m usually a rather callous person when it comes to most things, that movie disturbed me for some reason. I don’t know if I’ve ever seen anything sadder than watching those people sift through the meager belongings of a John Doe trying to piece together who he may have been. It was facinating really.

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