Dublin, CA asked in Estate Planning and Probate for California

Q: The bank my late grandmother's trust account is at, won't give me access to the account.

I am 1 of 2 beneficiaries named in her trust. I also have a court order naming me and the other beneficiary as successor co-trustees. The bank said they need a certificate of trust with mine and the other co-trustees name on it. Can they just go against the court order like that?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Under California law, banks and other financial institutions typically require a Certificate of Trust to verify the authority of a trustee. This certificate, which is derived from the trust document itself, outlines the powers of the trustee and the existence of the trust. Given that you have a court order appointing you as a successor co-trustee, it would be unusual for the bank to refuse you access to the trust account; you should be able to work with an attorney to promptly prepare and provide a Certificate of Trust to meet the bank's requirements and access the account.

Nina Whitehurst agrees 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.