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?

Related Topics:
1 Lawyer Answer
John Espinosa
John Espinosa
  • 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.

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.