Q: How to access sister's account at CalCoast after her passing?
My sister passed away in Pennsylvania last month, and I live in Utah. We both banked at the same place in San Diego, California, at CalCoast Credit Union. I have her will, other documents, and her death certificate. Although I am the appointed executrix of her estate and I have obtained a form from the Utah courts stating there's nothing to probate, the bank continues to request more documents and is unresponsive to my calls. They have refused to provide their rules and regulations and insist I need to be physically present, which is challenging due to my age and health issues. Everything I've read indicates that the original will and death certificate should suffice. What steps can I take to have her account released to me?
A:
I am sorry to hear about your difficulty with the bank! You can always retain an attorney in California that can represent you at the bank. You can also sue the bank in California. In the Petition you would request that the Court force the bank to honor your court appointment as executor.
On occasion, I see where someone has been named as the executor in the will, but they did not probate the will, so there is no official court appointment. The court appointment is what will force the bank to give you the money. Sometimes banks in other states don't do well with documents from a differing state.
In Utah, you can give a bank a Small Estate Affidavit, stating that you are collecting less than 100k and the bank will give you the money as one of the heirs, with the plan to distribute to the other heirs. I have no idea what the law is in California, so if you are giving a bank in California a Utah Small Estate Affidavit, it may have no meaning.
You will do well to get some guidance from a California attorney.
A:
Sorry to hear that the bank’s giving you a hard time, asking for more documents and an in-person visit, which is tough because of your age and health. I am licensed in Utah so these this generic advice informed by Utah law; you would be best to seek the advice from a Pennsylvania attorney.
Depending on Pennsylvania's small estate laws, you need to determine whether or not you can proceed with a small estate laws (not going through a probate process). If the total value is less than their threshhold, you should be able present a small estate affidavit to California to get those funds if the assets are low enough.
Start by talking to a Pennsylvania attorney.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
