Maine and NH probate

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Maine and NH probate

My dad’s girlfriend who lived and died in NH recently had her bank account in ME. My father is the executor of the Will and her son is the beneficiary on the bank account. My father went to the bank in ME with the Will and death certificate, however the bank will not let him do anything with the account since he is not on it. All he is trying to do is figure out how to get the money to her son as the Will states. Since her son is also not on the account, the bank will not allow him to either. My father went to probate in ME and they told him the bank should be allowing him to access the account but did not give any further instruction. So basically he is getting the runaround. He is trying to avoid probate court expenses and probate said he shouldn’t even need them anyway. Any suggestions on how my father as executor can get her bank assets turned over to her son would be appreciated.

Asked on June 16, 2018 under Estate Planning, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

He will have to bring a legal action in probate court. When someone--including a bank--will not honor its legal obligations, only a court has the power to order them to comply. You father should contact the probate court's clerk office: they may be able to give him instructions and possibly sample or template forms to use. However, this does involve filing a legal action: if he is not comfortable doing that, he may wish to retain an attorney to help him.


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