Anyone whose name is on the bank account can access it. The executor can access on behalf of the estate. They will have to show their letter of authority.
If my parents put monies into a CD or IRA account (20years ago) in my name, cane my widowed Mother or my brother (who is executor)redeem them without me knowning, or being present? And, or do they have the right to use the money in any other way than to transfer it to me?
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.
The monies are not the property of the beneficiary until the executor has released them. Any assets of the deceased have to be provided to the executor for inventory and valuation. Only once the debts have been settled can things be released.
If it is a joint account yes.
It depends on the type of joint account. See this article in Kiplinger's http://www.kiplinger.com/columns/ask/archive/2004/q0412.htm for a fairly detailed answer.
File the claim with the court where the probate has been filed. If the claim is ignored then speak with someone at the court about a motion to compel the executor to pay your claim.
No, the spouse does not. However, the executor of the estate, which could be the spouse, does have the right. They will have to show a Letter of Authority from the court and account for the monies as part of the estate.
If you owe money to the bank they are entitled to withdraw it from any monies deposited into your account.
Yes. One of the exclusions to the 10% penalty is if you're receiving these monies as a beneficiary or a QDRO recipient. (QDRO - Qualified Domestic Relations Order. Recieved from a divorce settlement.)
Mutual funds are monies put into an account similar to a savings account. However, you must leave the monies in the fund for a certain period of time for you to make any interest money on it
No. The executor or executrix cannot be held personally responsible for the decedent's debts.
It means, someone has put a blocker on your assets and bank accounts. It means, you cannot withdraw cash, make any transactions on the account, or sell any of those assets until further notice. This usually happens when law enforcement authorities suspect any illegal activities on your accounts. For ex: if they feel that you are harboring terrorists, they can freeze all your assets and bank accounts until you are proven innocent.