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If you have officially filed the will for probate you should have received a document called letters testamentary from the court soon after you filed. Present that document to the bank and if they still won't issue a check, get a probate attorney. tiekh@Yahoo.com Probate Researcher
What else can I help you with?
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.
Can an executor borrow money from the estate checking account with intentions to pay it back within a couple of weeks?
Not without breaching their fiduciary duties. It would be irresponsible of the executor to do so. It could land them in trouble.
Do you have a right to see your parent's checking account if they have both died?
As an individual, you generally do not have an automatic right to access or view your deceased parent's checking account. After their death, the account typically becomes part of their estate, which is subject to the probate process. Only the appointed executor or administrator of the estate would have the legal authority to access and manage their financial accounts.
Is it possible to cash a check Made payable to the Estate Of?
Nope, has to be deposited to an estate account. You can then go ahead and write a check to yourself from the estate account.... assuming you are the executor and have the authority to do so. Nope, has to be deposited to an estate account. You can then go ahead and write a check to yourself from the estate account.... assuming you are the executor and have the authority to do so.
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.
Can a executor get paid their fee if the estate is not approved but its closed?
Generally: Yes. Paying their own fee from the estate, as well as distribution, must be done before the estate is closed. The executor's fee is set by law and will appear in the final account. As long as the fee is properly assessed and listed in the final account, the court will approve the final account and at that time the estate is closed. All the executor's duties must be completed before the estate can be closed.Generally: Yes. Paying their own fee from the estate, as well as distribution, must be done before the estate is closed. The executor's fee is set by law and will appear in the final account. As long as the fee is properly assessed and listed in the final account, the court will approve the final account and at that time the estate is closed. All the executor's duties must be completed before the estate can be closed.Generally: Yes. Paying their own fee from the estate, as well as distribution, must be done before the estate is closed. The executor's fee is set by law and will appear in the final account. As long as the fee is properly assessed and listed in the final account, the court will approve the final account and at that time the estate is closed. All the executor's duties must be completed before the estate can be closed.Generally: Yes. Paying their own fee from the estate, as well as distribution, must be done before the estate is closed. The executor's fee is set by law and will appear in the final account. As long as the fee is properly assessed and listed in the final account, the court will approve the final account and at that time the estate is closed. All the executor's duties must be completed before the estate can be closed.
Is the executor of an estate always required to file an accounting of the distribution of the assets of an estate?
Yes. The final account must be filed and allowed by the court in order to close the estate. An executor who refuses to file a final account should be reported to the court. The judge can compel the executor to file the final account so the court, and the heirs, can review the disposition of the estate by comparing it to the inventory and the distribution to heirs.Yes. The final account must be filed and allowed by the court in order to close the estate. An executor who refuses to file a final account should be reported to the court. The judge can compel the executor to file the final account so the court, and the heirs, can review the disposition of the estate by comparing it to the inventory and the distribution to heirs.Yes. The final account must be filed and allowed by the court in order to close the estate. An executor who refuses to file a final account should be reported to the court. The judge can compel the executor to file the final account so the court, and the heirs, can review the disposition of the estate by comparing it to the inventory and the distribution to heirs.Yes. The final account must be filed and allowed by the court in order to close the estate. An executor who refuses to file a final account should be reported to the court. The judge can compel the executor to file the final account so the court, and the heirs, can review the disposition of the estate by comparing it to the inventory and the distribution to heirs.
If you have a joint checking account and the other party on the account dies can the executor of the estate have rights to the monies in the account?
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.
Can you sue a person that has sold a house without checking with the executor?
Yes, you can certainly sue for that. The executor can go to the court and have the sale nullified. Only the executor can transfer the property of the estate.
What is statutory inventory in a will?
The court appointed executor must file an inventory of the estate with the court. Once the debts have been paid and the remaining estate has been distributed the executor must file a final account to show the disposition of the assets that were reported in the inventory. The court will compare the two documents and either allow the final account and close the case or ask the executor to provide more information.
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.
Do you have to open an estate account?
There are several reasons. First, the executor is required to collect all assets of the decedent quicjkly and this usually entails liquidating existing bank accounts and securities, which must be put into an estate account. Commonly, an estate checking account and an estate savings account are opened depending on the amount of money involved. Second, an estate account is needed, because as of the date of death, the decedent's accounts are probably frozen depending on state laws. Not even the executor or attorney-in-fact can use a decedent's bank accounts as an estate checking account. The executor may take the appropriate amount out of the decedent's personal accounts, but only to transfer it to an estate account for use for estate purposes, not to make estate related payments. An estate account is necessary because the executor needs to pay for the funeral expense, administration costs and debts. Since, the decent's personal accounts may no longer be used, payments must come from a proper estate account in the name of the estatte with the executor as the person with authority over the funds.
