Chicago, IL asked in Estate Planning and Probate for Mississippi

Q: Do I need an attorney to get a affidavit of trust for closing a bank account for my deceased parent?

The bank requested this because my parent residence

was in the state of MS at time of death affidavit less than $50,000

Related Topics:
1 Lawyer Answer
Arthur Calderon
Arthur Calderon
  • Cleveland, MS
  • Licensed in Mississippi

A: You will need to have the executor of the estate contact the bank and show them his/her credentials in order for the bank to even allow access the account. Typically, the credentials that the bank will look for will include an order opening the estate for the deceased parent, as well as an order appointing an executor or administrator over the estate. That person, in turn, will be the only capable of accessing any sort of accounts or other material (assuming no other name was put on there) and will be the only one who can step into the deceased parent's shoes to finalize any pending business on behalf of the parent.

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.