You must file the will for probate and petition for appointment as executor. The court will give you the authority to access the bank accounts once you have been appointed.
No. The funds belong to you. Payable on Death accounts are not a probate asset. The funds will be paid directly to you by the bank. To collect the funds, you need to obtain a copy of the death certificate and take it to the bank. You must show whatever identification the bank requires. You should obtain an official statement from the bank stating the balance that was paid over to you. You should keep that statement in your important records and provide the executor with a copy. Although the account is not part of the probate assets the balance must be added to the assets of the estate for tax purposes. Therefore, all the executor needs is an official statement from the bank that shows the balance of the account that was paid over to you.
Banks do not handle salaries or applicants in regards to an estate. They do not disburse funds after the account owner has died. You should contact the executor and the attorney who is handling the estate.Banks do not handle salaries or applicants in regards to an estate. They do not disburse funds after the account owner has died. You should contact the executor and the attorney who is handling the estate.Banks do not handle salaries or applicants in regards to an estate. They do not disburse funds after the account owner has died. You should contact the executor and the attorney who is handling the estate.Banks do not handle salaries or applicants in regards to an estate. They do not disburse funds after the account owner has died. You should contact the executor and the attorney who is handling the estate.
Yes, they can close the account. The money will then be placed as directed by the will.
Yes, an executor can withhold such funds, but they should be placed in trust for the benefit of the demented, perhaps under various spendthrift conditions or whatever is deemed necessary for protection of the gift. Whether the executor names you as trustee is his or her choice, but you will still have the powers of the POA once the trustees release the funds to you.
Your status as executor has no bearing as to whether you have access to your mother's finances while she is living. Additionally, whether you live with your mother or whether she has debts or not has no bearing as to whether you have access to her finances. What you need is a power of attorney. That being said, if you are also named on your mother's bank account as an account owner, then you have full access to write checks on that account just like she does. Be careful that you are not listed as TOD (Transfer on Death) or POD (Pay on Death) though instead of an actual account owner. Those who are listed as TOD or POD have no right to the account funds until the account owner dies.
It would be prudent to do so. It keeps the funds separate and avoids accusations of improprieties.
yes that is the legal way of handdling the matter
This questions needs clarification as to whether the executor has a personal emergency or whether the estate has the emergency; whether the executor is or is not a beneficiary and whether or not we are talking about funds in the estate account or still in the decedent' personal account.
If the decedent named a beneficiary on his bank account the beneficiary can obtain a certified copy of the death certificate and proper identification and visit the bank to close out the account and obtain the funds.
The account would have become part of the estate. The executor was issued "Letters Testamentary" when they were appointed by the court. Those letters authorize the executor to withdraw the funds and close the account. Contact the bank to find the department that will assist you in closing the account. It will require certified copies of the letters from the court. The proceeds from the bank account should de distributed according to the provisions in the will.
File a lawsuit against the executor for not following the law.
Lone Star funds can be found directly from the official Lone Star website. One can obtain funds by creating a Partner account and finding out their eligibility.