Portland, OR asked in Estate Planning and Probate for California

Q: Can my mother as “next of kin” get access to my brothers bank account even with a will?

My brother passed on Sunday. He left a holographic will and named an executor. He was also a lawyer so I don’t have any reason to question the validity. I am in contact with the executor and she’s going to file the will today or tomorrow. My mom is next of kin and has been estranged from my brother the last 15 years. She’s trying to gain access to his bank accounts but in his will she gets nothing. He left everything to me and my other brother. Will she be able to gain access to his accounts as next of kin prior to us filing the will? How do I stop this? Can I tell the bank? If she does gain access, when the will is filed, can we get back what she takes? This is for California.

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1 Lawyer Answer
Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: No one can legally access another person's bank account without specific authorization. If your brother had assets with a total dollar value of more than $184,500 (excluding retirement and a few other items), then your family will have to go through a court process called Probate BEFORE anyone can inherit your brother's assets. In that case, the Court would officially appoint the executor and provide that person with a document that the executor can take to your brother's bank and gain access to the account. If your brother had probatable assets valued at less than the previously-mentioned dollar amount, the person named as executor in the Will can use a different document to swear under penalty of perjury that your brother's assets do not exceed that dollar amount, then gain access to the bank accounts by giving that document and the Will together. In short, unless your mother petitions the court to overturn your brother's decision to name his own executor, she cannot legally access your brother's accounts unless she is on title with him. Best wishes!

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