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Can an executor gain access to bank deposit box before probate?
No. An 'executor' has absolutely no power or authority until they have been appointed by the probate court.
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 be executor of will in Ohio?
Whomever is appointed by the probate court. They may be named in the will or it could be an attorney or a bank.
How are payable on death bank accounts handled after the account owner's death and is the executor involved in the settlement?
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.
What are probate documents?
Probate document usually consist of a certified copy of the will that was admitted to probate, Letters Testamentary and certificates attesting to the executor's appointment. Letters Testamentary is usually a single page document that states the the will has been probated and that the person named in the Letters has actually been appointed by the court to be the executor and now has legal authority to act for the estate. The certificates are more documents that also attest to the named person being te executor. These certificates are generally given to banks or other holders of the decedent's assets before that bank or holder will turn over the decedent's assetts to the named executor. No bank will give another person the decedent's money even if that person brings in the decedent's will and shows that he or she is the named executor. That person may not act as executor until the will is actually probated and the person formally named by the court and the "probate documents" are what proves that.
How does executor of a will access a checking account?
First they need a letter of authority from the court. They present that to the bank and will be able to access the account.
What is the legal recourse if the executor of a will does not fulfill their duties?
Go to the probate court and ask them to appoint a new executor. In this case they will probably request a full accounting from the existing executor. If it is not complete, they are likely to appoint a third party (an attorney or bank) to serve as the executor. This will cost the estate more money, but it is going to be done correctly.
Can executor use bank cards?
Best not to. You need to contact a probate lawyer and talk to the bank manager, who may issue you a separate card . Laws vary by State.
Your mother died and you are the named executor in her will can you obtain funds in her account?
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.
Do you as beneficiary have the right to ask for bank statements and ask the appointed executor to be accountable for all money coming out of the estate prior to probate?
That is the duty of the executor, to be accountable for all distributions from the estate. They have to answer to the court.
How can you obtain bank records as executor of estate?
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.
Can an executor take ownership of estate property if it was supposed to be divided among beneficiaries?
No. First, the executor has no authority until the Will has been submitted to probate court and allowed, and they have been appointed by the court. Second, the executor must carry out the provisions in the Will. They cannot change it.No. First, the executor has no authority until the Will has been submitted to probate court and allowed, and they have been appointed by the court. Second, the executor must carry out the provisions in the Will. They cannot change it.No. First, the executor has no authority until the Will has been submitted to probate court and allowed, and they have been appointed by the court. Second, the executor must carry out the provisions in the Will. They cannot change it.No. First, the executor has no authority until the Will has been submitted to probate court and allowed, and they have been appointed by the court. Second, the executor must carry out the provisions in the Will. They cannot change it.
