Legal Question in Wills and Trusts in Pennsylvania

executer of estate versus benificiary

i am the executer of fathers will but a non-family member is the beneficiary of his checking account who is entitled to access that checking account


Asked on 8/12/08, 11:14 pm

2 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: executer of estate versus benificiary

If this is a joint bank account or POD account, then title to the account passed to the surviving joint owner at your father's death, and the executor would not have access to it.

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Answered on 8/13/08, 9:09 am
Walter LeVine Walter D. LeVine, Esq.

Re: executer of estate versus benificiary

I agree with Jon that the account title controls access. If in the decedent's name alone, the Executor has control and must treat it as the Will provides. If the title designates some second owner or beneficiary, that person has control. Either way, there may be inheritance taxes involved, so you should have all necessary information to include the account in any returns that may be required. The Will may set out responsibility for any taxes, but you have not provided any information on this aspect of the estate. If you need more information, contact me directly.

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Answered on 8/13/08, 1:30 pm


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