What to do if my father is deceased 2 yes ago with no Will or much of anything, other than a bank account?

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What to do if my father is deceased 2 yes ago with no Will or much of anything, other than a bank account?

He was in nursing home with Alzheimer’s, mom already deceased. My sister had POA and she received letter from the bank with an account that still contains the POA. They said since there is no Will and no executor of the estate that the money was available to her. However, when she went to local branch with all paperwork they told her she couldn’t withdraw the money without a Will or executorship. Now what does she do? The acct had over $1000 in it but has dwindled down to a little over $800 from being inactive?

Asked on April 29, 2014 under Estate Planning, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

She can go the local probate/surrogates/chancery court (the court that deals with wills, trusts, and estates--it goes by different names) and get a set of what are call "letters testamentary" directed to her; that should give her the authority to access the bank account.


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