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re: Banks and Estate Accounts

Posted on 11/8/23 at 4:51 pm to
Posted by real turf fan
East Tennessee
Member since Dec 2016
8759 posts
Posted on 11/8/23 at 4:51 pm to
Could it be that the bank wants to be the Executor and take 25% of all money it handles?
Posted by Jim Rockford
Member since May 2011
98446 posts
Posted on 11/8/23 at 4:56 pm to
quote:

You are describing a common problem with the big banks. They want an executor and sometimes there is no administration, so no executor. It is often hard to get them to understand that. They have a sort of checklist of what to do and you are not fitting into their boxes.


We had to go up the chain to Merrill Lynch's VP of Legal to get them to release an IRA to a lady whose husband had died. In Louisiana you don't even need a JP for that if you're a named beneficiary, but we couldn't make them understand that, or even look it up for themselves.
Posted by robchand58
Denham Springs LA
Member since Nov 2012
631 posts
Posted on 11/8/23 at 5:41 pm to
quote:

Okay, but you didn't answer my question. What did they say as their balloon deflated? Was it, "I don't know how to do this" (likely) or "our bank doesn't handle these types of accounts" (unlikely)?

Or did the banker tell you, "You must have an existing relationship with our bank for us to handle an estate account for you"? If you don't have an existing account with them and they don't "know" you as a customer, you're asking them to provide a service to a non-customer. It's like you going to Rouses and demand they honor a gift card for Albertson's.

Also, estate accounts can be a bit tricky from a liability standpoint for the bank and much of the liability starts with they don't know you. Is that the case?


I was at the bank we used for Uncle's normal accounts, and for my business accounts. They know me. I did the whole presentation never mentioning the word 'Estate,' But when they saw that on the check, they simply dismissed it with 'We don't handle estate accounts.'

As for heirs, there are none. All funds are going to charities, St Jude and the like. Chase did offer to write those checks for me, but there are some expenses (funeral home, sitters, an unpaid ER bill) that I paid out of my pocket I need to get back.

Not trying to air all this out, but when I agreed to handle his estate, I did not think it would be the grind that it is becoming.
Posted by baldona
Florida
Member since Feb 2016
20579 posts
Posted on 11/8/23 at 5:42 pm to
quote:

Banks, brokerages, state agencies, etc. are bad about this. They think they know the law, they're usually wrong and they're obstinate even when you show them what the law says. It's usually easier to give them what they want than fight them on it.


I 3rd this. You need to find a banker that will do it not a bank, usually that’s going to be at a mid size or smaller bank.

I’d recommend calling around to some estate lawyers or use the one you used and ask them for advice. A lawyer that handles these matters should have a banker’s direct contact that can help you here.
Posted by baldona
Florida
Member since Feb 2016
20579 posts
Posted on 11/8/23 at 5:43 pm to
quote:

Not trying to air all this out, but when I agreed to handle his estate, I did not think it would be the grind that it is becoming.


I feel you, it almost always is unfortunately
Posted by FieldEngineer
Member since Jan 2015
2142 posts
Posted on 11/8/23 at 5:52 pm to
quote:

I've never before tried so hard to deposit half a million dollars in a bank...
.

Better spread that across a few accounts if you’re keeping it in cash for long.
Posted by lsujro
north of the wall
Member since Jul 2007
3926 posts
Posted on 11/9/23 at 3:26 pm to
quote:

As for heirs, there are none. All funds are going to charities, St Jude and the like. Chase did offer to write those checks for me, but there are some expenses (funeral home, sitters, an unpaid ER bill) that I paid out of my pocket I need to get back.

Not trying to air all this out, but when I agreed to handle his estate, I did not think it would be the grind that it is becoming.


Well you are entitled to a % of the estate as fee for administration. If you already have a judgment of possession, you have done this the wrong way. You need to handle the expenses out of the estate (including lawyer fees and your fee), then pay any specific $ bequests, then close the estate and cut checks to the remaining legatees.
Posted by LSUBanker
Gonzales, La
Member since Sep 2003
2552 posts
Posted on 11/9/23 at 3:46 pm to
quote:

Chase actually thought about it. What they were missing was a piece of court paper saying that I was the rep of the estate. But the Judgement of Possession dissolves the estate, so there is no 'rep.' Its inf


The Letters of Administration/Testamentary shows the Executor of the Estate. That's the very 1st court doc needed to open an Estate Acct at a bank and starting depositing assets prior to completion of the JOP.

We do it all the time.
Posted by LSUBanker
Gonzales, La
Member since Sep 2003
2552 posts
Posted on 11/9/23 at 3:50 pm to
quote:

Banks, brokerages, state agencies, etc. are bad about this. They think they know the law, they're usually wrong and they're obstinate even when you show them what the law says. It's usually easier to give them what they want than fight them on it.


I don't know what banks or brokerages you are talking about. But, once we get the Judgement of Possession the heirs sign our internal paperwork it's done and assets are sent to them.
Posted by robchand58
Denham Springs LA
Member since Nov 2012
631 posts
Posted on 11/9/23 at 4:45 pm to
quote:

The Letters of Administration/Testamentary shows the Executor of the Estate. That's the very 1st court doc needed to open an Estate Acct at a bank and starting depositing assets prior to completion of the JOP.

We do it all the time


I used an attorney for the succession. There are no heirs, just charities. And I personally need to to repay some items I paid out of pocket - sitters, cemetery fees, etc.)

I agree that the banks are looking for the "Letter Of Administration' with my name on it. But with the way was done, that important paper doesn't exist.

The JoP says there are no issues with the succession and it can proceed. But with a JoP, there is no estate, so no letter of admin is applicable. And when banks see checks written to the 'Estate of,' they wrap up the meeting pretty quickly.

Have another bank meeting Monday, and will try this again, much of it based on good advice from folks here.

I am extremely grateful to you all.
This post was edited on 11/9/23 at 4:46 pm
Posted by robchand58
Denham Springs LA
Member since Nov 2012
631 posts
Posted on 11/9/23 at 7:41 pm to
Sorry I missed the question of who signed the estate. It was Judge Don Johnson, Baton Rouge
Posted by OweO
Plaquemine, La
Member since Sep 2009
114102 posts
Posted on 11/9/23 at 7:43 pm to
I'll give you 40% if what its worth.
Posted by The Torch
DFW The Dub
Member since Aug 2014
19483 posts
Posted on 11/9/23 at 7:52 pm to
You have to do a succession in Louisiana and it should list whomever the will list will have access to banking information.

I went through this lately and it was a pain in the arse.

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