How can I get a legal document that states I can open an estate checking for my mother with my name on it?

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How can I get a legal document that states I can open an estate checking for my mother with my name on it?

My mother recently passed and I am the executor and my sister the co-executor. My mother had accidental, sickness and cancer policies in which the company is sending me the checks. However the bank won’t let me deposit or open an account without a legal document stating I can do so.

Asked on August 19, 2010 under Estate Planning, Kansas

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  The legal document would be issued to you and your sister as Co-Executrices of your Mother's estate once you submit the Will for probate.  Once the Court accepts the Will for probate they will issue what is known as "Letters Testamentary" to you and your sister.  This is a document that allows you to act as the personal representative of your Mother's estate and gives you what is known as fiduciary power to open the bank account. Have you sought out legal help yet in all of this?  It may be a good idea. An attorney can help you sort through the paperwork. Good luck.


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