Smithsburg, MD asked in Estate Planning, Banking and Probate for Maryland

Q: Can

Q: Can a bank reject a letter of administration because it is dated 2009?

Details: My mom died in 2009 and my sister is her PR. The estate was closed in 2010 and then she just closed the estate bank account last year. This year, she received a check for unclaimed property paid to the order of my mom's estate, care of her name. The bank is saying she has to re-open the estate checking account (with the bank, not the state), but they will not accept her letter of administration because it is dated 2009, despite the fact that her name is the same as the 2nd name on the check; nothing has changed, my sister is still the PR and my mom is still deceased, so I don't understand why we would need a newer letter, and I don't even know if she could get a letter with a more current date if MD has closed the estate.

1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI

A: It sounds like the bank is suggesting your sister needs to REOPEN the estate (with the courts) and then handle the check.

There MIGHT be a simpler process depending on the size of the check etc, so I'd recommend consulting with a local attorney (the one who helped with the probate the first time?) to see the simplest way to accomplish what needs to be done.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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