Gibsonia, PA asked in Banking

Q: I need to close my deceased father’s checking account.My name is not on account. I always thought it was.

I have been writing checks from account for years. They have always been cashed. I was power of attorney. I am sole beneficiary of life insurance. Bank says I need a lawyer to open an estate, etc. there is about 16000 in account.

I would like to challenge bank. Do I have a case?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Business Law Lawyer
  • Sacramento, CA

A: I'm sorry for your loss. Dealing with a parent's estate can be challenging, especially when complications like this arise. Based on the information you provided, here are a few key points to consider:

1. Power of Attorney: Your power of attorney likely ended upon your father's death. After that point, the executor or personal representative named in the will typically takes over the management of the estate.

2. Beneficiary status: Being the beneficiary of your father's life insurance policy does not automatically grant you access to his checking account. Life insurance proceeds are typically paid directly to the named beneficiaries and do not go through probate.

3. Estate proceedings: If your father left a will, the named executor would need to open an estate and go through the probate process. If there was no will, an administrator would need to be appointed by the court to handle the estate. This process is necessary to properly distribute assets, pay debts, and handle any legal matters.

4. Challenging the bank: While you may have been writing checks from the account for years, the bank is legally obligated to follow proper estate procedures. Without the proper legal authority granted through the estate process, they cannot release the funds to you directly.

In this situation, it is advisable to consult with an estate attorney who can guide you through the process and help you understand your rights and obligations. They can also advise you on the best course of action to settle your father's estate and access the funds in his checking account.

While challenging the bank directly may not be the most effective approach, an attorney can help you navigate the legal process and work towards a resolution that aligns with your father's wishes and the law.

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