Legal Question in Wills and Trusts in Massachusetts

bank account discovered after death

HI,

My father passed away a few months ago and it has come to our attention that he had two CD's coming due for approx. 37,000. According to the bank there is no payable on death listed. My elderly mother is the executor - they have a will where she is to receive all of their assets etc but we have no idea how to go about helping her claim these accounts. We're getting conflicting info. Any direction would be greatly appreciated.


Asked on 7/01/08, 7:29 am

4 Answers from Attorneys

Alexandra Golden Golden Law Center

Re: bank account discovered after death

Assuming that the Will has been admitted to probate in the state in which your father died, the next step would usually be for the executor to present a certified copy of the appointment to the bank and cash out the CDs. If the Will has not been admitted to probate, your mother will need to petition the Probate Court to have the Will allowed and have herself formally appointed as executor.

Please feel free to contact me if I can be of further assistance.

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Answered on 7/01/08, 8:43 am

Re: bank account discovered after death

IF the Will has been admitted to Probate and the Executor has been Appointed; the Executor sends a copy their appointment and requests the bank to pay the money to the executor.

If the Will has not been admitted to Probate where your father, died, it needs to be done with a copy of his death certificate and an appointment of the Executor has to be made. Then the Executor requests the funds, submits an accounting of assets and disburses the money after all claims against the estate are made.

If you need more assistance please feel free to contact me.

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Answered on 7/01/08, 1:27 pm
Joseph Murray Joseph M. Murray, Esq.

Re: bank account discovered after death

I am sorry for your loss.

Once your Mother is appointed executrix by the Court she or the attorney for the estate would present a certified copy of her appointment to the bank and request the CD's be made payable to your Father's Estate.

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Answered on 7/01/08, 1:55 pm
Joseph Murray Joseph M. Murray, Esq.

Re: bank account discovered after death

I am sorry for your loss.

Once your Mother is appointed executrix by the Court she or the attorney for the estate would present a certified copy of her appointment to the bank and request the CD's be made payable to your Father's Estate.

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Answered on 7/01/08, 1:55 pm


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