Legal Question in Wills and Trusts in Missouri
when one dies, and has a bank account, savings account, and safety deposit box...what happens to the accounts...does the bank "lock" down the accounts or can a survivor get the assets....and how does the bank know the person has died...point in case...My Dad is 99 and in failing health...he has about 20k in the savings, 15K in the checking and about 15K in a safe deposit box...should we close it out and put the $ in the kids name now...
2 Answers from Attorneys
In Missouri, the banks normally require a court order to move funds after the death of an unmarriied depositor. They do nto wan tto be liable to the eventual legatees and heirs, if they allow the wrong person to have access. If your father has the mental capacity to understand the ramifications, he should be the one to make any such transfers. He could also designate someon to do it for him, via an power of attorney appointmnet. If he passes, you will need the probate court to grant you authority to get to the funds.
Good luck
If your father is still mentally competent to do so, then he should consult with an attorney to set up some simple estate planning. He can prepare a Beneficiary Deed which will transfer any real estate to whoever he names at the time of his death without going through probate court. He can also set up bank accounts, safe deposit boxes, vehicles, stocks and other assets with "t.o.d." (transfer on death) or "p.o.d" designations. He may also need a Durable General Power of Attorney, a Power of Attorney for Health Care and Health Care Directive, and perhaps a Last Will and Testament. These are all relatively simple and inexpensive, and will provide much peace of mind and save a lot of time, trouble and money when the time comes. If you do not already have an attorney, you may contact me for a consultation.
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