Legal Question in Wills and Trusts in Illinois
proof on non existence
I am executor of an estate. The deceased failed to correct an error of a beneficiary on a bank account, and the error remains.
The beneficiary named does not exist and never existed.
The bank will not give me permission to liquidate the account.
2 Answers from Attorneys
Re: proof on non existence
You might need to present the facts to the judge and get an order. They would probably respond to a court order from the probate judge.
Re: proof on non existence
These can be tough cases. There are many possibilities depending on what you mean by "non existence."
Was the beneficiary's name misspelled? Was the beneficiary a charity and he incorrectly named it? Is someone claiming that he is the beneficiary on the account even though the deceased failed to spell it right? I will need a little more background.
Regardless, you will need a court order. If you want to review your facts I'd be happy to have a free chat with you. Go to my website www.legacylaws.com for my phone number.
Be well.
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