Memphis, TN asked in Estate Planning, Family Law, Banking and Probate for Louisiana

Q: Why is the bank stalling on releasing my husband's checking account after we delivered the certified small estafe affida

We did everything by the book step by step it was accepted signed and sealed by the court that my 2 step sons and myself are the only true heirs. They still won't discuss anything about the account whats going on the process nothing. When we inquire we are ignored and they won't return our calls q

1 Lawyer Answer
Christie Tournet
Christie Tournet
  • Estate Planning Lawyer
  • Mandeville, LA
  • Licensed in Louisiana

A: You mention a "small estate affidavit," which, in Louisiana is not "signed and sealed" by the court. So, I am not sure how you all proceeded, but if you had an attorney assist with the succession process, then, please, reach out to that attorney to send a notice of representation letter and request to the bank. Many times, a Louisiana bank will accept the Small succession affidavit, but if it is in the wrong form, or the husband's bank account is titled differently than what you anticipated, you may need to judicially open succession, have someone appointed as the succession representative, and then, you should be able to get better answers.

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