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How do I get the funds in an escrow account belonging to my late husband?

Onalaska, WA |

My husband had set up an escrow account with an Alaskan Bank for a deed of trust note payable to him. I was named Personal Representative in his will and everything was left to me. His only child understood that he was to inherit nothing due to his alcoholism. He has not challenged the will. The will was not probated. After my husbands death I would withdraw the escrow payment and put it in another account. Last year when I called the bank requesting a year-end statement that I had not received I was told that I could not access the escrow account funds until the bank received Letters Testamentary, etc. I've had no problems selling real property, with a title insurance policy, or personal property in the almost 8 years since my husband's death. How should I deal with the bank?

Attorney Answers 1

Posted

By opening probate to deal with the AK bank. I'm surmising that the reason you had no trouble selling real property or personal property is because as the survivor of the community, you own the property you sold. But that escrow account doesn't appear to have a payable on death beneficiary. That is why you are going to have to open probate to get that money. Elizabeth Powell

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