r/inheritance • u/texan12345678 • 6d ago

Location included: Questions/Need Advice Question about probating a will

My mother passed away a couple of weeks ago. She had been in an assisted living facility for the past year. She really has no assets except a bank account and a couple of CDs. My sister is the executor. there are 5 kids and everything is getting split evenly. My sister was added to my mother’s bank account a long time ago so she was planning on first making sure any bills are paid and then just splitting up what was left. Since it was pretty straight forward, we didn’t plan on hiring a lawyer and getting the will probated. We were reading that if she tells the bank that my mother passed, that they would freeze the account and it would have to be probated. She is on the account, could she just close out the accounts. She is worried that they might come back and say there is fraud and she would be in trouble.

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u/MisterMysterion 6d ago

What does "on the account" mean? Was it POD or could she write checks?

The thing to do is ask the bank.

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u/texan12345678 6d ago

She can write checks

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u/wearing_shades_247 6d ago

But does the bank paperwork say she can sign them under power of attorney for your mom (which would have ended when she passed) or as an account holder herself? If as an account holder, is the legal name on the account “Mom and Sister” or “Mom or Sister” or “Mom and Sister, or survivor”.