Legal Question in Wills and Trusts in New York

Need to open an estate checking account for deceased father. help.


Asked on 12/31/09, 1:04 pm

2 Answers from Attorneys

Paul Ciminelli Ciminelli & Ciminelli Attorneys & Counselors at Law

Not so fast. Why do you need a checking account? Have you been appointed executor/executrix of the estate? How large is the estate? Are there cash assets?

First, does your Dad have a will? If yes the named executor will have to file appropriate paperwork to be appointed by the Surrogate Court. If there is no will the process will be a bit more involved.

Lots of questions.....You really need to speak with an attorney about this one

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Answered on 1/05/10, 1:46 pm
Michael Markowitz Michael A. Markowitz, PC

Generally, to open an estate account you need two things: 1. Either letter testamentary or administration and 2. An estate taxpayer identification number.

It is too difficult to explain the procedure to obtain letters testamentary or administration. You must either contact the Surrogate's Court or, better yet, an attorney.

However, to obtain a estate TIN, you simply have to complete the on-line application. See, https://sa1.www4.irs.gov/modiein/individual/index.jsp

Mike.

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Answered on 1/05/10, 2:07 pm


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