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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 17215
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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Aperson dies, the person had a checking account with a local

Resolved Question:

Aperson dies, the person had a checking account with a local credit union. He did not have a will, or a power of attortnity and the credit union refused to release the funds in the account
to his wife with a court order. Is this legal?
Submitted: 6 years ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 6 years ago.
the wife needs to take the death certifiacte and funeral bill to the Probate court and file for administration of his Estate, she will then be given letters of administration, allowing her access to the account.

If she has done this, then she needs to wait until the Letters are given, the bank can withold a personal checking account until the Estate is final. She should consider filing an emergency petition for temporary letters if she needs the money in an emergency.

Edited by WALLSTREETLAW on 4/1/2010 at 2:07 AM EST
Customer: replied 6 years ago.

The credit union released all the funds in the account to his family members without a court letter. The same credit union refused to release the funds to his wife who had a

court order in hand.

Expert:  WALLSTREETFIGHTER replied 6 years ago.
then they have violated the account holders rights, and can be sued I would contact the Estate attorney and have them sue the bank for this, they are not allowed to do that, and in fact could even lose their banking license.
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