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LawTalk, Attorney
Category: Legal
Satisfied Customers: 37639
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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I had my best friend pass away Saturday August 1, 2015. My

Customer Question

I had my best friend Daniel pass away Saturday August 1, 2015. My problem is this. Daniel put me on his P O D for his checking and savings account. The bank says they can't give me access to Dan's two accounts without a death certificate. The vital statistics office here in Omaha , Ne. tell me that I have to have a note from the bank stating that I'm on Dan's pod checking and savings accounts to get a copy of Dan's death certificate to enable me to access the two accounts. The bank is refusing to give me the note telling me that I need a copy of the death certificate before they can do anything. I can't talk to Dan's family about this as they are upset that Dan put me on these two accounts. So what can I do to obtain a death certificate for Dan to present to the bank to prove that he is deceased?????? Once they get that, I will have access to both of Dan's accounts , which is what he wanted or he wouldn't have put me on the two. Thank You Stephen
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm very sorry for your loss. My goal is to provide you with excellent service today.
While obviously it will be easier for you to approach the family about getting a copy of the death certificate, absent the bank assisting you with a note, the only other way you can get a copy of the death certificate would to be to file a probate Action in the county where ***** *****ved at his death and get a either a court order allowing you to get the death certificate, or becoming the executor of the estate which gives you access to the death certificate under the law.
For obvious reasons, and because aside from the POD accounts, you presumably have no other interest in his estate, it will be much faster and less expensive to convince a family member to get you a copy of the certificate.
Filing probate, while it will get you that certificate, will likely entail you spending at least a couple of thousand dollars getting to the point where you can be granted the right to get the death certificate.
These are the only ways that you can get to the certificate. I am sorry.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
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I wish you well in your future,