My father died and I am on his bank account. the bank would not release the money unless I bring dead cert. and declaration of heirs. ?
- Nuff SedLv 78 months ago
It would depend upon what country you're in. Under US laws, a joint account would typically become the property of the surviving account holder without any other formalities. Therefore, either you're not in the USA or you don't have a joint account or there is some other fact you haven't chosen to share with us. We're just guessing, since you didn't actually ask a question.
- curtisports2Lv 78 months ago
If you are a joint owner, the money is just as much legally yours as it was his. So you aren't a joint owner. Maybe your name is on the account as POD (payable on death) AND you are listed as the beneficiary of the account. You would need a death certificate but you don't need a will (declaration of heirs). The POD with beneficiary bypasses probate.
If the account was not set up properly, then the bank can only release the funds to the executor or administrator of the estate. That person needs a death certificate AND their court-issued legal papers to act on behalf of the estate. I have never heard of a bank asking to see a will, because a will has no legal power until it has been filed for probate.
- FoofaLv 78 months ago
Okay. So now you'll have to go procure those items and bring them to the bank.
- -Lv 78 months ago
Of course it's legal. How else is the bank going to verify what you told them?
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- 8 months ago
A joint account is one whether either party can put in or take out money during the lifetime of both but the contents of the account will be (partially or fully) in the deceased's estate.
A joint bank account does not have 'rights of survivorship'. It is not like joint ownership of real estate. In other words it does not mean the contents go 100% to the survivor outside inheritance rules. It just means that either of you could use the account during the lifetime of both. Usually that is done so that bills can be paid.
If you were both putting money into the account then you will be able to take that portion that was your contribution out of the money to be distributed according to the will.
- SlickterpLv 78 months ago
If your name is on the account, you can withdraw.
- PAMELALv 78 months ago
That is right, just show them the death certificate, as you are named on the account usually when one person passes the account goes to the person still alive. Check with a lawyer.
- TavyLv 78 months ago
That is normal. It happened to me in the UK with my Mothers joint account. I was not happy but that is their system.
- CliveLv 78 months ago
Yes, and? Did you have a question?
- Anonymous8 months ago
Hi I'm interested being your dad