Yes, once they have been appointed by the probate court and Letters Testamentary have been issued. Take your Letters Testamentary to the bank with you. That document gives you the legal right to access the decedent's assets including bank accounts.
try the state comproller office web site for that state
The executor needs to maintain an account in the name of the Estate of the deceased, which can be opened by furnishing the bank with a copy of the Estate documents that name the executor.
You take it to the bank and cash it with the letters of authority. If the money is going into the estate accounts, anyone can deposit it.
yes he/she is allowed
Not unless you have "power of attorney" that speicifies that right, or unless you're the executor of their estate.... or a co-owner of the account.
Yes, the bank accounts are a part of the estate. The need to be valued and included in the assets.
Yes. The government can even freeze your offshore bank accounts if the money is illegal.
First they need a letter of authority from the court. They present that to the bank and will be able to access the account.
I have been the executor of my mothers money, I pay her nursing home bills with it, she just died and i have 200,000 dollars left, do I have to pay tax on that money.
An executor must be appointed by the probate court. The court will issue "Letters Testamentary" and those letters give the executor the legal authority to access the decedent's assets. You will need to provide the bank with a copy of your Letters Testamentary in order to collect the balances and close the accounts.
Any accounts that deposit money and they still money BTW.
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.
Get StartedOne of the executor's responsibilities in probating a decedent's estate is that of gathering the decedent's assets. The executor must collect and inventory the decedent's assets that are subject to probate. Tasks involved in gathering the decedent's assets include reviewing records to identify all of the decedent's assets; determining which assets are subject to probate; taking physical custody of probate assets; valuing the assets; and filing an inventory listing with the probate court.One of the most common assets owned by a decedent is an account at a bank or other financial institution, such as a credit union. The decedent may own a variety of different types of accounts held by a financial institution. For example, a decedent may own checking accounts, savings accounts, money market accounts, or IRA (Individual Retirement Account) accounts to name a few of the more common types of accounts.The Bank Confirmation Letter serves a couple of different functions. First, it allows the executor to verify the existence of accounts held by the financial institution. It also helps the executor determine the exact ownership of the accounts. If the account is held jointly with another individual, the account may or may not be subject to probate. Similarly, retirement accounts are not subject to probate. Therefore, it is important for the executor to be able to identify the types of accounts owned by the decedent and in whose name the accounts are held. This confirmation letter allows the executor to fulfill this duty.Another of the executor's asset gathering responsibilities is valuing the decedent's assets as of the date of the decedent's death. Most bank accounts are generally valued at the face amount of the account because of the ability to immediately liquidate the account, such as with a checking or savings account. This confirmation letter allows the executor to value the accounts as of the date of the decedent's death, including interest accrued on the accounts as of the date of the decedent's death but not yet posted to the account by the financial institution.The executor is also responsible for inventorying the decedent's assets. This confirmation letter allows the decedent to gather information for all of the accounts held by the financial institution where the letter is mailed. The executor may or may not have all information concerning accounts owned by the decedent. Even if the executor does not have information about all of the accounts owned by the decedent or the account numbers for all of the accounts, the executor can send this letter to financial institutions where the decedent may potentially have held accounts. This gives the executor the ability to locate assets or which the executor did not have prior knowledge.Accounts at financial institutions continue to earn interest after the decedent's death. Such interest is income to the estate that the executor must report on the estate income tax return. The confirmation letter assists the executor in obtaining information about accounts owned by the decedent, which in turn become assets of the estate. The executor can then keep track of the assets of the estate that will produce income for the estate that must be included on the estate's income tax return.
If you have accounts in the bank that holds your mortgage, the bank can take the money in your accounts to set off what you owe in the foreclosure. You should never have bank accounts in the bank that you owe money to. If the bank requires an account, just open an account and put in the amount needed to direct-pay the bank.