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An executor has no legal authority before a person death, nor can such authority be retroactive. If someone held a POA, that person might be able to recover funds that were taken from the account depending upon the circumstances. If the funds were withdrawn without permission of the account holder and signature(s) were forged or a debit card used criminal charges could be forthcoming if a complaint is filed by the deceased's surviving family members.

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2006-04-12 23:40:44
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Q: If an executor finds that money was removed from the deceased bank account just prior to death by a relative can you request return of money and if so can you forgive any portion that is unretrievable?
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Can the executor use his personal checking account to handle the deceased money?

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.

How do you close deceased relative's checking account?

you cannot close the account unless you are the executor of the estate, if you are then you must take a copy of the death certificate to the bank and they will close it for you. If the deceased died intestate, then you must go to an attorney and they will help you close the account via the bank.

How do you close out deceased cousin bank account when there is a will?

The executor of the estate has a Letter of Authority that will allow them to close the account.

If an executor finds that money was removed from the deceased bank account after death by a relative can you request return of money to pay outstanding debts?

Unless it was a joint account, the executor can do so. If it was a joint account, or one with rights of survivorship, there may not be an option. Consult an attorney in your jurisdiction to find out the specific laws that apply in your state or country.

Can an executor remove funds from a deceased bank to put to the will before closing the account?

yes that is the legal way of handdling the matter

Can an administrator or the executor of an Estate sign on a Limited Liability Corporation if the deceased person was the only signer on the account?

Once they have their letter of authority, they should be able to access the account. Then they can change the account.

Can a deceased person earn dividends on a bank account?

The estate can earn dividends on a bank account. The executor is responsible for making sure this happens and it gets included in the estate.

Can a creditor take money from deceased bank account without written permission from executor?

It is possible for it to happen. They would have to have a court order to do so.

How do you make a claim to a NY bank for an account found in the name of a deceased person. There was an executor of the will.?

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.

How do you get utility company's to close a deceased person account?

The executor sends a letter to the utility. A copy of their letter of authority is normally enough to satisfy their authority.

If an uncle dies and had no spouse or children but had a large bank account can another uncle be made executor and take everything?

An executor of the estate does not have the right to "take everything". Rather, the executor has the responsibility to execute the will of the person who died. If the deceased had no will and no immediate relatives, it gets more complicated.

How can you get the money from your deceased mothers checking account?

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.

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