What type of letter would I need to submit to a bank requesting payment on an account after someone has died?

Get Legal Help Today

 Secured with SHA-256 Encryption

What type of letter would I need to submit to a bank requesting payment on an account after someone has died?

We are an SNF and our patient has passed. POA states the attorney advised her not to pay us since her mother’s passing because her POA rights are now expired. GA law states we have 90 days to submit request to financial institution for payment. I have all necessary information for submission. What type of cover should I use? I’ve looked on-line and cant find anything suitable for our situation.

Asked on June 8, 2011 under Estate Planning, Georgia

Answers:

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

Answered 10 years ago | Contributor

I am a little confused as to what you are asking and what you think the proper process is for collecting the final payment.  It seems that you are relying on a law that is specific to your state and it appears would circumvent the probate process.  So I am a bit leery as to giving guidance here.  Generally speaking, you have a debt that it payable from the estate of the decedent.  You need to make a claim to the estate sooner rather than later.  You should really send a formal letter to the attorney for the estate and to the executrix (which is I assume her daughter).  And she is correct that the POA  died with her Mother so she could not pay you. Once the estate is given notice of the debt then you should receive notice of all the goings on.  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption