[WSBAPT] Accessing Bank Accounts after Death

[Mark Higgins]

Amanda--my experience is that the bank will do what it wants.  I once had a
bank refuse to give the PR a copy of the deceased's bank statement until
there was a court order compelling.  The judge certainly signed the order
but otherwise did not throw the book at the bank.  The bank was just
proceeding cautiously.

Mark​

On Wed, Dec 17, 2014 at 5:04 PM, Bill Meyer <bmeyer at wlmlaw.net> wrote:
>
> 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
>
> P.O. Box 181
>
> Port Townsend, Washington 98368
>
>
>
> Tel:  360-379-3944
>
> Email:  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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-- 
Mark T. Higgins
Higgins Lock PLLC
P.O. Box 57
Darrington, WA 98241
206-491-2420
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