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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
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I am personal rep 's estate. She passed in May in

Customer Question

I am personal rep for mother's estate. She passed in May in PA. Part of her Wells Fargo money POD was designated for her son who passed away in March. I have her original will. Wells Fargo says I need either a court order of a probate letter to get the balance of the fund which amount to $27,000. Help
Submitted: 2 years ago.
Category: Estate Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question. I am a licensed Pennsylvania professional and will be happy to assist you with your concerns.
Hi, they happen to be right. Since one of the beneficiaries is now deceased, that person's estate received the funds. Hence, they need some sort of letters testamentary showing that someone else is running that person's estate, or a court order releasing the funds under your control. While you are a personal representative for your mother, you are not the representative for the son, and as those are his funds, they need someone who represents him for that portion of the value.
I do apologize and my condolences to you on your loss.
Dimitry, Esq.
Customer: replied 2 years ago.
My mother's will indicates both my brother and his wife to receive the funds. But his wife is not on the POD, so will she get the money thru probate?
Customer: replied 2 years ago.
What are letters of Testamentary and how do I get that?
Expert:  Dimitry Esquire replied 2 years ago.
Yes, she will get the money unless your brother left a different will behind denoting someone else to receive this amount from his estate. To get the letters either you or his wife (probably better that it be his wife) contact the county probate office, file a copy of his death certificate, and open up probate as his testatrix (if he left a will) or as an administratrix (if no will was left behind). Once approved, the county will issue 'short certs' and letters testamentary naming that person as the representative. You can then provide a copy of that notice as well as yours to the account holder and then demand release of the funds.
Dimitry, Esq.