How can I get a legal document that states I can open an estate checking for my mother with my name on it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 14 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.
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.