Legal Question in Wills and Trusts in Florida
My mother is recently widowed & was told via the telephone by a Bank of America employee that she has the right to obtain the funds currently in a bank account. There is no estate set up, no probate etc, also there was no will. She has gone into the bank on 2 other occassions where she was very rudely dismissed. The account hasn't got alot in it, but she has no other income from the SSI she receives. I'm unsure if this falls under the practice of "Estate Law" would you please direct us if it isn't? We are attempting to recover these funds without further penalty or "fees" withdrawn from the account. Is it possible to recieve these funds retro to his date of death? Is there a way that an attorney would be able to help? I was unable to locate the specific law that would be relevant to her situation.
Thank you,
Nancy Pogue
239-443-6223
3 Answers from Attorneys
The remedy depends on the title of the account. If it was joint, she should be able to withdraw the funds. If it was only in the name of the decedent, a summary estate probate may be required.
If it wasn't a joint account, then she needs to administer the estate to get permission to access these funds. If it was a small estate with no property, then she won't need an attorney. Contact the clerk of court for the county where your mother's husband resided for more information. Regards,
IF she is the beneficiary on the account, take a certified copy of the death certificate to the bank. Problem solved.
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