Wed 20 Mar, 2019 11:01 am
Recently, I finally called to the bank where my late husband invested with the bank, because mailing/dividend kept coming with his name, for more than three years. He passed away in the fall of 2015 and there is no 'Will.'
I was completely not aware of this and told so to the bank-clerk. The clerk told me that I need to go to the local court of clerk in my county to obtain an 'executor,' otherwise she is not able to provide any information, i.e. how much my late husband invested and the like.
I told that I have a 'death-certificate' of my late husband, however she insisted that I need a proper 'executor' to gain any information my late husband did with the bank.
I'm completely shocked to learn of this, .... what should I do?
Thanks for any help on his regard in advance.
It sounds like you should go to the local court of clerk in your county and obtain an executor.
Is there any reason you can't do this?
If your husband designated you as beneficiary, you might be able to just present the bank with the death certificate, but otherwise, what Max said.
I was completely not aware of this and told so to the bank-clerk.
You were completely not aware of what?
That he didn't have a Will?
The bank told you what to do, so if I were you, I would go ahead and do what they said.
BTW, let this be a good example to everyone to get a Will, Power of Attorny for both medical and financial, and give copies to whoever you are choosing to be the the executor of the will.
All, ladies, get your regular mammograms, and gents, make sure your prostate is checked.
And also hold accounts in joint tenancy
. That avoids all the hassle completely.
The clerk told me that I need to go to the local court of clerk in my county to obtain an 'executor,
Ok go to your local court of clerk and go about what you need to be an executor. Laws like these can be varied by state but it appears the bank was clear on what you need to do. I cannot imagine this would be very difficult most likely you just present paperwork that verifies you were married at the time of his death (and proof of his death). The bank cannot just hand over assets to someone claiming they are the spouse and your husband would want it this way. I would just suggest that before you go - make a phone call to the appropriate office and ask specifically what you will need to obtain this. That way you won't have a wasted trip.
Almost anything to do with financial and legal items requires lots of proof and paperwork. It is a pain in the a$$ but in the end the reason for this is to make sure that the assets get to the rightful individual(s). You wouldn't want to show up at the bank and find out that someone claiming to be you or some other relative was able to walk in and take your late husband's assets. All this work is to ensure that those assets get to the rightful person.
Just because a clerk said something doesn't make it true. When my wife died the first person I spoke to at the Life Insurance company told me I would have to go through probate. That was wrong, the second person I spoke to said I only needed to provide the death certificate, and once I did that I got paid.
Put it in writing to the bank, the worst that can happen is they'll confirm what the clerk said is true, and if that happens at least you'll have something to show the court. Having something in writing always helps.
My mom and dad had a will and trust set up especially knowing how ill my dad was.
Even with that when he passed- there was still some financial items that required such things as a notary and so forth for my mom to get access. I know it can be a pain but just take the time to go through the proper steps and all will work out in time. And don't be afraid to ask questions if you are unsure of anything most people working in these financial institutions have dealt with this and are able to guide you on the paper work and steps you need to take.