Oklahoma City, OK asked in Estate Planning and Probate for Oklahoma

Q: When my mother passed, she had some of her accounts TOD. I am executor. How do I handle them?

Related Topics:
1 Lawyer Answer
Richard Winblad
PREMIUM
Richard Winblad
Answered
  • Estate Planning Lawyer
  • Edmond, OK
  • Licensed in Oklahoma

A: Sorry for your loss.

An executor of a Will or PR of an estate has no duties with regard to transfer on death accounts. There are two large exceptions, first if the estate is subject to federal estate tax which is at about $5.5 million; and second if the beneficiary of the TOD account predeceased your mother (in which case the estate may have a claim to the account).

Generally, the person named files a claim or other form with the institution and attaches a copy of the death certificate. There is really no job for the executor since these accounts are not probate property.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.