Q: I am the beneficiary on my deceased sister’s POD bank account. Do I have the right to get a copy of bank statements?
The bank said only the executor of the estate can get it. Aren’t beneficiary accounts outside the realm of the estate and the executor? My sister lived in Arizona when she passed. I live in NY. The bank account is in South Carolina (where she used to live) The executor of the estate, a friend in Arizona, is also the beneficiary on the deed to my sisters house in Arizona. Because I was not informed in a timely manner that I was the beneficiary on this account the account remained open for almost a month after my sisters death and an automatic withdrawal was made to make a monthly mortgage payment after my sister had passed. Do I have a legal right to be reimbursed for the mortgage payment from the executor because she is the new owner of the home? Or could I expect reimbursement from the estate? Do I become the legal owner of the account upon death or is it only once the death is reported to the bank? Do I have any recourse to get that money returned to me?
A: Questions about Estate matters are controlled by the law of the State where the decedent resided at the time of death. Therefore, although you may live in New York, your question is better directed to attorneys practicing in the State of your late sister's residence.
Peter J. Weinman , Steven Warren Smollens and Benjamin Z. Katz agree with this answer
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.
