answersLogoWhite

0


Best Answer

Only if taken with power of attorney prior to death or as a joint owner of the account (and surviving owner after death). Otherwise, the bank transaction is void as against the estate and the bank should be notified to collect the misappropriated funds from the person prematurely claiming powers that can only be appointed in probate court.

User Avatar

Wiki User

โˆ™ 2009-04-09 23:30:35
This answer is:
User Avatar
Study guides

The law is derived from three main sources what are they

If there is an erroneous payment then

These funds last 5 years have limited use and cannot pay for new obligations

How do you know which transactions are awaiting your approval

โžก๏ธ
See all cards
3.61
โ˜†โ˜…โ˜†โ˜…โ˜†โ˜…โ˜†โ˜…โ˜†โ˜…
28 Reviews

Add your answer:

Earn +20 pts
Q: Can an executor take money from bank accounts of the dead person before the will is probated?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

Do you have to go through probate in Oregon if there is a will that appoints an executor?

Yes, the only way an executor can be empowered to act as an executor is by having the will probated and having the court issue documents to the executor that state that that person is the executor.


When a person with a reverse mortgage dies can the executor give the house to the reverse mortgage company?

The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.


What is a probate certificate?

A probate certificate most likely refers to the documents that a probate court issues to the executor that certifies that the will has been probated and that the particular person is the executor. The purpose of the certificate is to prove to financial institutions that the will has been probated and that the person named executor in the will is the actual executor and has the right to handle the estate. These documents are referred to as Letters Testamentary and usually the court will issue as many copies as the executor needs to handle the estate.


What to do when all assets stolen by sibling before estate probated?

The executor or administrator of the estate should sue those people for the wrongful taking of the decedent's money. If the sibling who stole the money is the executor or administrator, you can bring an action in the probate court to have that person removed as executor or administrator and have another person appointed who would sue for the return of the money.


Can a Michigan resident be executor of an Ohio will?

Probably. Where the will was executed is irrelevant. The only issue is where did the testator die? If the testator died as a resident of Michigan, the will has to be probated in Michigan. If the testator died as a resident of Ohio, the will has to be probated in Ohio. If the named executor, or the person to serve as executor with the will annexed in the absence of the named executor, is not an Ohio resident, s/he may have to designate a "resident agent," usually the lawyer handling the estate.


What is the time limit to probate a will in Alabama?

After a person dies with a will and the estate is probated how long does the executor have to wait until assets are distributed to the beneficiaries?


If a person leaves a house to someone in a will can the beneficiary move in right away or have to wait for the probate court to approve the will?

Not only does the beneficiary have to wait for the probate of the will, but will most likely have to wait until the executor is satisfied that the house does not need to be sold to pay any debts of the estate. Until administration of an estate is complete, the executor has the right to possession of all estate property, including the house. If the executor wants to, he/she can let the beneficiary in the house. But even there, the person appointed as executor has no power to allow that until the will has been probated. This is because that person has no power to act as an executor until the will is probated.


Can cd's be cashed in that belong to a dead person before the will is probated by the executor?

Most states require filing of probate as a first step in appointment of the executor, which then gives the executor the power to collect and appraise the property of the estate and liquidate the portfolio for distribution.It depends on what you mean by "probated." Probate includes the entire process, which can last for years, until all assets are distributed. "Before the will is probated" could be taken to mean "before probate is filed", or "before everything required under probate is completed."So, technically yes, if the latter, because an executor has the power to do that DURING the probate of an estate. However, if the probate has not yet been filed, nobody has the power, as it died with the owner. Many elderly have ownership of such things placed into joint tenancy with right of survivorship, so that another person can immediately access the funds without probate.


What are probate documents?

Probate document usually consist of a certified copy of the will that was admitted to probate, Letters Testamentary and certificates attesting to the executor's appointment. Letters Testamentary is usually a single page document that states the the will has been probated and that the person named in the Letters has actually been appointed by the court to be the executor and now has legal authority to act for the estate. The certificates are more documents that also attest to the named person being te executor. These certificates are generally given to banks or other holders of the decedent's assets before that bank or holder will turn over the decedent's assetts to the named executor. No bank will give another person the decedent's money even if that person brings in the decedent's will and shows that he or she is the named executor. That person may not act as executor until the will is actually probated and the person formally named by the court and the "probate documents" are what proves that.


Must will be probated to become an executor?

In the United States an executor must be appointed by the court. In Canada an Executor can be assigned through the will by the deceased. The executor must prepare all the documents and perform all the due diligence prior to the estate being granted probate by the courts. The executor is the designated person who handles all the affairs of the deceased and is the liaison person between the beneficiaries and the lawyer.


Can executor appoint a representative?

Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.


How do you receive money left to you in a will?

contact the person named as the executor (the person responsible for seeing that the will is probated). He / she is charged with the fiduciary duty to insure that all aspects of the will are carried out according to the wishes of the deceased person.

People also asked