Henderson, NV asked in Estate Planning and Probate for Nevada

Q: What if bank released deceased person's bank account funds to wrong person without proper court order?

Bank released funds to daughter without proper court order. Funds did not belong to the deceased, they were deposited after Mother's death. Money has to be returned, daughter being sued by pension fund. Bank should have known. Never gave daughter a statement, or put funds into blocked account. Daughter was never Admin or Exec.

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1 Lawyer Answer

A: If the account was payable on death to daughter the ordinary procedure would be for the bank to release the funds upon being shown mother's death certificate. The bank should have exercised caution with respect to funds deposited after the mother's death. However, the daughter is unlikely to be able to keep money that shouldn't have been given to her.

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