Legal Question in Wills and Trusts in Ohio

Cretid union

Mother passed away in AZ with an Estate, Credit Union in Akron, Oh will not close account. Have sent Pour-Over Will and Certificate of Trust. Credit Union says they need Letter of Authority AZ says that is Certificate of Trust


Asked on 5/05/09, 2:02 pm

2 Answers from Attorneys

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Cretid union

Copies of these documents are not enough. You probably need a letter of authority from the court after probating the pour over will. Certificate of Trusts are usually created at the time the trust is usually created at the time the trust itself is created. Proof of who you are would accompany a certificate of trust. I suggest seeking advice from an attorney.

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Answered on 5/07/09, 2:16 pm
David Davies Law Office of David H. Davies

Re: Cretid union

I can not answer your questions without more information. I can talk to you in general terms about the usual procedure when someone dies with a will.

A will specifies who the beneficiaries are and how the assets are to be disbursed. You indicated that there is a pour-over provision which may mean that the bulk of the assets are to go into a trust that was set up prior to death.

A will appoints an individual to act as the executor. This person must file the will with the court and ask the court to appoint them as the person responsible for gathering all probate assets and disbursing them according to the will. The person named in the will does not have any authority to do this until the Court issues an order. The application is usually to the Court in the state and county that the decedent was residing in at the time death.

If someone has been appointed by the court to act as the executor, a copy of the order making the appointment is what the Bank is looking for. If no one has been appointed and there are assets in Arizona, you will need to talk to an Arizona atty about the legal requirements for getting authority to act.

Your question seems relatively straight forward but, as is often the case with the law, there are some hoops that must be jumped through. Feel free to give me a call or send an email if you would like to discuss this in more detail. No charge or obligation for a confidential telephone call!

Good Luck!

DH Davies

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Answered on 5/05/09, 3:30 pm


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