[WSBAPT] Accessing Bank Accounts after Death

Bill Meyer bmeyer at wlmlaw.net
Wed Dec 17 17:04:21 PST 2014


Amanda
                You might consider advising clients to have relatively small JTWROS bank account naming the partner, spouse, etc as the joint tenant.  This will provide cash during that period between death and obtaining the death certificate and letters testamentary.

                Regarding this client, I presume the bank account you are referring to is a JRWOS account.  If not, then the bank is incorrect and I would recommend speaking with the bank manager.

                Regarding paying funeral home, attorney; funeral homes will work with the PR and I suggest you as the attorney consider delaying asking for funds until assets are available.   My practice is to wait and front the cost of filing fees etc.

Regards,
Bill

William L. Meyer Attorney at Law, PLLC
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Email:  bmeyer at wlmlaw.net<mailto:bmeyer at wlmlaw.net>

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From: wsbapt-owner at lists.wsbarppt.com [mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of amanda_wilson at olypenlawoffices.com
Sent: Wednesday, December 17, 2014 1:23 PM
To: WSBA RPPT Probate & Trust Discussion Forum
Subject: [WSBAPT] Accessing Bank Accounts after Death


Hello~



I have a client whose life partner (not spouse) died last week. We opened probate and received Letters Testamentary naming him PR on Monday. The Death Certificates are not ready yet and he will not receive them for a few more days (it will be about two weeks from the death when he receives them).



The bank says they will not access the deceased's account without a death certificate, even with the Letters Testamentary. Is this the practice you have seen?



I would also appreciate input on how you advise your clients to manage the accounts shortly after someone's death (ie, for paying funeral costs, attorneys and the like).



Thank you,

Amanda Wilson



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