Fairborn, OH asked in Estate Planning and Probate for Ohio

Q: If a person had a bank as their rep. and also had them in the will, is the bank responsible for things after they pass?

Mother in law passed. She had her bank as her personal representative. She also had them in her will. The bank is now saying that once she passed, the personal representative goes away. The bank states they will handle everything, but they want $1,500.00 for the bank and their attorney to handle everything. Life insurance taken care of already, house sold, notifications sent out to creditors that she passed, but the family members cannot get any access to what money she has in the bank or what she may have in her safety deposit box. Isn't the bank responsible to clean up everything with regards to the money in her account and safety deposit box? Family have no say in this. If the family does nothing, is it on the bank or can the bank come back on the family somehow? Please send email reply.

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2 Lawyer Answers
Joseph Jaap
Joseph Jaap
Answered
  • Estate Planning Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: A family member will have to file her will with the probate court and apply to be executor to administer her estate to get access to the funds. Use the Find a Lawyer tab to retain a local probate attorney who can review her will and the facts of the situation, and advise you what to do. The attorney fees are paid from the assets of the estate.

Andrew Popp
Andrew Popp
PREMIUM
Answered
  • Estate Planning Lawyer
  • Ravenna, OH
  • Licensed in Ohio

A: Some of the terms used here seem to be confusing the issue. Was there already a probate estate opened? When you say the bank was her personal rep., in what capacity? If the Bank's attorney is going to be the administrator of her estate, then they are entitled to a fee for their services. The amount of the fee is set by statute. Overall, you are asking a lot of good questions, but a more detailed look at your situation is going to be necessary to provide you with an answer.

Best of luck.

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