CanI withdraw funds from my deceased brother’s savings account?

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CanI withdraw funds from my deceased brother’s savings account?

My brother passed away and I made all arrangements for his funeral. Now I know that he just opened an savings account, can I withdraw this money? This is not a joint account.

Asked on February 24, 2011 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  Unless you are the Personal Representative (PR) of his estate you can not withdraw the funds to pay for the funeral.  Did your Brother leave a will or did he die Intestate?  If he dies with a will then he named an Executor.  If he died intestate then someone has to petition to be appointed as the Administrator of the estate.  The funeral expenses are a priority for payment from the assets of his estate and will be paid first as soon as the money is released to the PR and placed in an estate account.  The funeral parlor will place a lien on the estate so the funeral will take place without payment if that is what you are concerned about.  Good luck to you. 


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