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

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1 Lawyer Answer
Arthur Calderon
PREMIUM
Answered

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.

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