Legal Question in Business Law in California

proof of executor

Recently a friend of mine past away (1 1/2 wks. ago). He had listed me as sole beneficiary of one of his cd account at his bank. When I contacted the bank with all the right information they told me that they could not release any information until I came into the bank with the executor of his estate. The problem is that he had no will therefore there is no executor to show the bank. I don't know what to do and I don't have the funds to hire an attorney to help me. If you can I would truly appreciate any help you could give.

Thank you,

Kathy


Asked on 4/17/09, 11:24 am

2 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: proof of executor

I am sorry to hear of the passing of your friend and the trouble the bank is now causing, maybe try this approach. Since you are named as a beneficiary on the account, all the bank should need is a certified copy of the death certificate because accounts and insurance policies with named beneficiaries are not part of a decedent's estate - whether there is a will, a trust, or nothing (an intestate passing as you describe).

Try passing this on to the bank manager or othr person of authority at the branch. You may wind up having to deal with the bank's corporate office eventually, but you should be able to muster through the red tape yourself.

I understand the cost of an attorney is probably prohibitive, but if you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Answered on 4/17/09, 5:34 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: proof of executor

You should re-ask your question under a heading that has to do with wills, trusts, estates and probate.

When you re-ask, it will be helpful if you state in more detail what you mean by "he had listed me." Is there a will? Were you a co-owner (joint tenant) of the account? Some other kind of list?

Giving away property at death requires more formality than just making a list - and if you are just on a list of desired property dispositions, that almost certainly has no legal effect; the cd account will go to his heir(s), not to you. On the other hand, with some sort of recognized formality such as a properly-made will or co-ownership as joint tenants, you may be able to claim the account. Follow the bank's instructions.

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Answered on 4/17/09, 12:33 pm


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