QUESTION

My mother died in october. I have one brother who is refusing to give a bank social security and drivers license information to claim a cd she had.

Asked on Nov 30th, 2011 on Wills and Probate - Oklahoma
More details to this question:
Can he be forced to made to give this information or do the rest of us (four) have to wait indefiinetely?
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1 ANSWER

Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK at Gale Allison, PLLC
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Having recently lost a parent, I empathize with your grief. You do not say in what manner the estate is being administered. That will determine what should happen. But let me explain several possibilities: If the estate is being administered under a Will, a probate has to be opened with the court. If your brother is the executor of the Will, the bank would be looking for him to take the court order directing him to act before it will release anything to him. Probate is a long process, so this could take at least several months, if not years. If the account is not under a Will, but is designated to a Beneficiary - presumably you, maybe others - that designated Beneficiary can go to the bank and claim the account with a death certificate. If the estate is being administered with an Affidavit of Heirship, again, the bank will require the death certificate and a properly executed Affidavit. If your mother's estate is under a Trust and your brother is the Successor Trustee, he must take an original Memorandum of Trust to the bank. Since, based on the way you asked your question, I am unsure under what authority your brother claims the CD, consider my response as purely informative. Contact an Oklahoma estate or probate lawyer to discuss details or if you need further assistance. To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLChttp://www.theallisonfirm.com
Answered on Jan 09th, 2012 at 12:55 PM

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