[WSBAPT] Accessing Bank Accounts after Death
Mark Higgins
markthiggins at gmail.com
Wed Dec 17 17:18:19 PST 2014
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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