Q: Does the bank have to give me access to my mothers account since I’m the only here next of kin or beneficiary

A: If your mother has passed away and you are the only next of kin or beneficiary, the bank may give you access to your mother's account depending on various factors such as the type of account, the bank's policies, and the amount of funds involved.

In California, the bank may require you to provide proof of your relationship to the deceased and proof of their death, such as a death certificate, to access the account. You may also need to provide additional documentation, such as a copy of the will or trust if your mother had one.

If your mother had a joint account with you or named you as a beneficiary on the account, then you may have immediate access to the account. However, if your mother did not have a will or trust, and the account was solely in her name, then the bank may require a court order before giving you access.

It's important to note that the laws regarding accessing a deceased person's accounts can vary by state and by the specific circumstances of the situation. It's recommended that you consult with a lawyer who specializes in estate law to understand your legal rights and options.

A: No. The bank does not have to give you access just because you are next of kin. Is there a will? Is there a trust? Is there a POD or joint owner on the account? All of those things will be considered. If you are the next of kin and there is no will or trust and there is no joint owner or POD then I would think you could get access to the account 40 days after death by presentation of a death certificate and a completed small estate affidavit... IF the account (and all other assets subject to probate) is below the current Probate Code 13100 amount which is $184,500. Good luck! -John Palley