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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 If the funds were withdrawn without permission of the account holder and signature(s) were forged or a debit card used criminal charges could be forthcoming if a complaint is filed by the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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โˆ™ 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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Related questions

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 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


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.


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 access an account when a person is deceased?

Only the legal heir of the deceased person can access his account. The legal heir must carry proof for his legal status as heir to the deceased person and also proof that the account holder is no more, in order to gain access to his account. If you cannot provide proofs for either of the above mentioned things, the bank does not have a legal obligation to provide access to the deceased individuals account.United StatesThe account can only be accessed by the court appointed estate representative, i.e., executor or administrator.


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.


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 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.


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.


Who can ask for bank statement of deseased?

The executor of an estate as appointed by the decedent's will and approved by the Probate Court can request bank statements of a deceased person. An individual who jointly owns the account with the deceased can also request bank statements.


Can you contest a beneficiary of investment accounts if they are not married to or a relative of the deceased?

No. The owner of the account has the right to choose the beneficiary and that account does not become a probate asset or part of the estate.


Who does the executor account to after probate?

No one, unless some malpractice is discovered on the part of the executor after the estate is closed and sues the executor. Once the estate is distributed and a final account is filed and approved the executor is discharged and the estate is closed. After that, the executor has no authority.


How does an executor of a will administer the proceeds?

Usually there is a bank account set up by the Executor for the Estate of the deceased. Into this account all other bank accounts and savings can be added by the Executor as well as any death benefits payable, Tax credits or returns, etc., and proceeds of sale of the deceased person's house (if applicable). Once all expenses are paid out from the monies, IE cost of funeral, lawyer fees, Executor fees, loans, lines of credit, etc., the monies can be divided amongst the beneficiaries according to the provisions of the Last Will and Testament. This can be done by way of certified cheque, bank draft, money order, or cheque from the Estate account, etc., however the Executor deems appropriate. The beneficiaries are sometimes asked to sign releases after they've received their bequests and after all the monies are paid out, the duties of the Executor are complete.


Can an executor or girlfriend take money out of a decedent's checking account?

It depends on whether the executor has been appointed by the court and if the account was a joint account with the decedent and his partner.If the executor has been duly appointed they can access accounts solely owned by the decedent. That's their job.If the account is a joint account, it isn't a probate asset and the executor has no control over it. It belongs to the surviving joint owner.


How does an adult child deposit a check made out to a deceased parent into a shared checking account?

In most countries you can not do this because it is not legal to cash a check made out to a deceased person. What needs to be done is that the executor of the deceased estate must obtain from a court a grant of probate for the deceased estate and, with is legal document, write to the supplier of the check and ask them to re-issue the check in the name of the deceased heirs.


What happens with a deceased family members tax refund?

The tax refund will have to be deposited into the Estate of the taxpayers account and used to pay debts of the estate. It will then be disbursed according to the taxpayers will or the laws of the State if no will exists. The Administrator or Executor of the Estate will need to sign the check and deposit it in the proper account.


How does an executor withdraw the balance of a bank account?

When the Will is allowed and the Executor is appointed by the court "Letters Testamentary" are issued to the Executor. Those Letters set forth the legal authority of the Executor and a copy should be presented at the bank to make the withdrawal and close the account.


If you are a child of the deceased are you entitled to an accounting of the estate assets so that you know you are not being taken advantage of by the executor?

The executor must file both an inventory of the estate assets at the beginning of the probate procedure and a final account at the end. You can visit the court and review the file at any time.


What is the duty of the executive?

I think you mean executor (or, if female, executrix). Broadly speaking, his/her job is to "gather" (account for) all assets of the deceased, pay outstanding debts, & distribute what is left over pursuant to the Will.


How can you obtain a deceased parent's bank account or get access to their safe deposit box?

Go to the bank with signed proof of the parent's death, and proof that you are the executor of the will, or that you are a trustee if the account/box is in the name of a trust. You should have your parent's safe deposit box key.


What happens if you take money out of deceased dads bank account without power of attorney?

A power of attorney represents a living person, so any power of attorney is no longer valid. They would have to be on the bank account or the executor to legally take the money out.