QUESTION
I am the head of estate for my mother am I able to get in her checking account to pay the final bills?
Asked on Jun 19th, 2013 on Estate Planning - Michigan
More details to this question:
I am the head of my mother’s estate she has down sized and living in a assistant living facility so when she passes on will the head of estate cover her remainder of personal belongs and am I able to get in her checking acct to pay final bills my name is not on her checking account just wondered. Thank you.
19 ANSWERS
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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No, upon her death, you will have to apply to probate court to be appointed Executor or Administrator. When you have that authority from the court, you will be able to deal with her belongings and final bills.
Answered on Jun 24th, 2013 at 2:50 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Depending on the size of the estate, you may need to open a probate estate to gain access to her account. Does she have a power of attorney to allow you to help her with her finances if she becomes incapacitated?
Answered on Jun 20th, 2013 at 9:29 AM
The term "head of estate" is not a legal term. She should have a will naming an Executor. That person would be in charge of paying all liabilities of the estate before distributing to heirs. If you need to be in a position to pay her current bills, you could obtain a power of attorney which if written properly would give you access to the checking account. Keep in mind, there may be others that your mother has in mind to share what ever estate there is.
Answered on Jun 20th, 2013 at 9:29 AM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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You may be able to have a power of attorney now to act for her, but when she dies the probate laws will be the laws that govern account access and payment of her bills.
Answered on Jun 19th, 2013 at 7:23 PM
General Practice Attorney serving Portland, OR
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Furniss, Shearer & Leineweber
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Not until will is probated and you are appointed by the court as Personal representative ( executor).
Answered on Jun 19th, 2013 at 7:23 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Once an estate has been opened and you have been appointed by the court, yes, you will be able to access these assets. Until that time, you would have no access, unless you have also been named as agent under a power of attorney form for your mother.
Answered on Jun 19th, 2013 at 5:13 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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During your mother's life you want a Power of Attorney in order to assist her with paying her bills. In general, it's not a good idea to answer a question on one sliver of an estate plan. The whole estate plan needs to be a unified plan. You mention only a checking account and personal items; if those are your mother's only assets then a very simple plan may be all that's needed.
Answered on Jun 19th, 2013 at 5:13 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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If your name is not on the account, then you are not entitled to spend her money on her behalf. If your mother is still lucid capable of understanding, then you should talk with her about this, and establish a Pay on Death account or a become a joint tenant on her account, so you can survive to her interest in the account; in either case make sure you get signature rights to be able to pay her bills.
Answered on Jun 19th, 2013 at 3:19 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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What is an "head of estate"? Do you mean that you are nominated in her will to serve as executor? If so, it has no effect until the dies, you petition the court for appointment, and the court appoints you as executor. Then you will get access o the accounts, etc.
Answered on Jun 19th, 2013 at 3:10 PM
You will have to probate her estate.
Answered on Jun 19th, 2013 at 3:08 PM
When you are named the executor or personal representative by the probate court, you will be granted the authority to collect all of your mother's assets, including her checking account and personal belongings, and then pay all of her final bills and taxes. Each financial institution has its own procedure for Turing over accounts so talk to your mother's bank to find out what they require to release those funds.
Answered on Jun 19th, 2013 at 3:08 PM
Thomas Edward Gates
To currently handle the affairs of your mother you need a Power of attorney. This Power of attorney is voided upon her death. To handle her estate you must be appointed by the court.
Answered on Jun 19th, 2013 at 3:08 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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So you have a durable power of attorney? If so, take that to the bank and see about writing checks on her account. They may want Mom to sign their POA form. If you are her guardian and conservator, you just need the orders from the court.
Answered on Jun 19th, 2013 at 3:07 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Yes. You will have to file a petition in court to open a probate estate. Or you can have her add you as a co-owner, or do a payable on death to you.
Answered on Jun 19th, 2013 at 3:06 PM
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You would need to be appointed by the probate, have letters issued and once that occurs the bank would give you access. There is much more involved in handling a probate. You should speak with an estate attorney where your mother resides about your duties. In Nevada, you would have an obligation to provide notice to all known creditors and publish to potential unknown creditors. Again a consultation with an attorney would be a worthwhile meeting.
Answered on Jun 19th, 2013 at 3:06 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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If your mother wants you to be able to use her checking account to pay bills after she is gone, then she needs to arrange that with the bank during her lifetime. She would designate you as either the beneficiary of the account or an additional signer. The bank will have forms for this. You will not automatically become Executor, Administrator, or Personal Representative of the estate (I assume this is what you mean by "head of the estate"). A probate court would have to appoint you to one of those positions after your mother passes. But if your mother makes the arrangements with the bank, you will not need a court appointment to use her checking account.
Answered on Jun 19th, 2013 at 3:05 PM
No, you may not use her account.
Answered on Jun 19th, 2013 at 2:06 PM
2 Awards
If her estate is under $150,000 and it has been more than 40 days, you should be able to do a small estate affidavit to get access to the account. If over $150,000 you will have to get Letters from a court by filing probate.
Answered on Jun 19th, 2013 at 2:03 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Unless your name is on the checking account you must file a probate action and get appointed personal representative of the estate. Then you will have access to the bank account Pay the death expenses first (burial) and then pay the bills.
Answered on Jun 19th, 2013 at 2:03 PM