QUESTION

What do I need to do to get my mother's funds out of the bank?

Asked on May 01st, 2012 on Estate Planning - Utah
More details to this question:
As the trustor since my mother's passing. What do I need to do to get her funds out of the bank? Also do you have to have a tax ID number?
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2 ANSWERS

If you are the "trustee" (trustor is the person who sets up the trust), you just need a "certification of successor trustee" under Utah Trust Code Section 1013, which can be prepared by an attorney. Once a revocable trust becomes irrevocable (at the death of the trustor), you will likely need a tax ID number.
Answered on Jun 20th, 2012 at 9:43 PM

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Assuming that your mother had a revocable trust (also sometimes called a living trust), and that you are named in the trust document as the successor trustee, you'll just need to bring the bank a copy of the trust as well as a copy of her death certificate. Once they verify that you are the successor trustee and that she is deceased, you will have authority over the account, as long as it is in the trust. If the account is not in the trust but in her personal name, check with the bank to see if your mother filled out a "pay on death designation." If so, give them a copy of the death certificate and they will pay out the funds to that person. If the account is not in the trust and she did not fill out a pay on death designation, and there are no other authorized signers for the account, you'll need to petition the court to appoint either a personal representative or special administrator through a probate process. You will not be required to get a tax ID number in order to get the funds from the bank, though you may need one for other purposes. You can get a tax ID number for the trust through the IRS website at www.irs.gov .
Answered on May 10th, 2012 at 4:37 PM

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