Watertown, MA asked in Estate Planning and Probate for Massachusetts

Q: My father died recently; I am a beneficiary. My sister opened an estate account with her as executor, leaving me out.

She was able to open an Estate account in the name of my deceased father's estate with her as the sole executor. However, the Surrogate's Court had decreed that I was to be named co-executor and all financial decisions including estate account opening required my knowledge and consent. My question: was the bank at which she opened the Estate account required by law to ensure no other beneficiaries / claimaints / co-executors existed or had been decreed before they allowed the account to be open and active and receive / disburse estate funds?

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1 Lawyer Answer

John Espinosa

PREMIUM
Answered
  • Lowell, MA
  • Licensed in Massachusetts

A: In order to open an estate account at a bank your sister would have had to present the bank with the papers from the court that appointed her personal representative. The bank is required to follow what the court papers say as far as who is personal representative of the estate and therefore authorized to open an access an account for the estate. If what you say is true you should follow up with both the bank and the court to enforce your rights.

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