It depends upon the way the account was established. If the account was joint then there are not legal grounds for an audit. If the account was held solely by the deceased and withdrawals or transfers were made after the person's death or during a time when the person was incapacitated by someone who did not hold a POA or conservatorship, questions will be asked.
The executor of the estate can close and empty the bank account. Distribution will be in accordance with the will. Consult a probate attorney in your state. You have to wait until the will goes through probate.
The bank will not pay over the account to you unless you have some type of authority from the probate court. You can check with the court to ask how you would go about claiming a small estate.
If she is a joint account holder the account would now belong to her. If there is no joint account holder then the account would be legally frozen until an Administrator is appointed for your uncle's estate. Until then no one has any authority to access his bank account. You should make certain the bank has been notified of his death.
If it isn't a joint account with a surviving joint owner, and if it doesn't have a "payable on death" designation with the bank, and if it was not specifically bequeathed in the will then it would become part of the residuary of the estate.If it isn't a joint account with a surviving joint owner, and if it doesn't have a "payable on death" designation with the bank, and if it was not specifically bequeathed in the will then it would become part of the residuary of the estate.If it isn't a joint account with a surviving joint owner, and if it doesn't have a "payable on death" designation with the bank, and if it was not specifically bequeathed in the will then it would become part of the residuary of the estate.If it isn't a joint account with a surviving joint owner, and if it doesn't have a "payable on death" designation with the bank, and if it was not specifically bequeathed in the will then it would become part of the residuary of the estate.
yes bank account is personal account
A payable on death account bypasses probate and is paid over directly to the beneficiary by the bank. They do not come under the control of the executor.A payable on death account bypasses probate and is paid over directly to the beneficiary by the bank. They do not come under the control of the executor.A payable on death account bypasses probate and is paid over directly to the beneficiary by the bank. They do not come under the control of the executor.A payable on death account bypasses probate and is paid over directly to the beneficiary by the bank. They do not come under the control of the executor.
No. A "payable on death" account does not become part of the probate estate. It would be paid by the bank directly to the named beneficiary.No. A "payable on death" account does not become part of the probate estate. It would be paid by the bank directly to the named beneficiary.No. A "payable on death" account does not become part of the probate estate. It would be paid by the bank directly to the named beneficiary.No. A "payable on death" account does not become part of the probate estate. It would be paid by the bank directly to the named beneficiary.
File for probate in the country where the bank account is held.
Probate Courts can issue such an order, which will freeze the deceased's account(s), until the court has had time to probate the estate.
No. You need proof that you are the executor of the estate.
Yes, this must go through probate. The only exception is if you are already a joint account holder or if she had an "in the event of death" beneficiary on the account with your name on it.
You need to inquire at your local probate court.
If the named person is not a joint account holder with rights of survivorship the bank account monies will become the property of the probate court and be distributed according to succession law of the state where account holder resided at the time of his or her death.
Yes. You can sit down with your bank representative and select a person to whom the account will be payable upon your death. That will avoid the need for probate for that account. You will need that person's social security number. Different banks and states have different practices. An inquiry at your bank will disclose what you need to do.
Let's qualify the answer: All property not otherwise disposed of either during a person's life or by operation of law upon death. For example: A checking account that has a designated POD (payable on death) beneficiary named in the bank's records, would generally not be subject to probate. If Joe opens a checking account and makes Jane the POD beneficiary, then upon Joe's death, the checking account proceeds automatically go to Jane. They are NOT subject to probate.
If the account was a joint account in your name and your father's name and he is now deceased then you are the owner of the account. ==Additional Answer== Probate is needed if you are not a holder of the account with your father, as you seemed to state in your question, and the account is in your father's name alone. Whoever files to open up probate will get a document called letters testamentary, and that person takes a certified copy of the letters testamentary to the bank and the bank will then issue a check to be distributed to the legal heirs.
Upon your father's death, his half of the joint bank account would typically pass directly to your sister as the surviving account holder. It would not be included in his estate and would not go through probate.