My mom passed away 2 month ago, I've notified her bank and even sent them a copy of her death certificate, copy of my passport and all other related docs I thought they might need. I've mailed signature required, therefore I know they received my correspondence. No one will talk to me at the bank and I've been waiting for any answer for almost 2 months now. What is the next steps I should take.
I don't want to pay a lawyer to get access to an account that might not even have any money. Please help.
Technically the bank does not have to give you any access to the accounts until you open a probate for your mother and are appointed by the court as either a Personal Representative or Voluntary Personal representative for the estate. You have to file a case with the courts first, then you can access the accounts.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
I agree with the prior answer. It may be a longshot, but you might also want to ask the bank if they would accept a waiver of heir affidavit or something similar instead of probate papers. This type of affidavit is sometimes accepted, along with a certified copy of the death certificate, if there is less than $10,000 on deposit under the deceased's name, there is no surviving owner left on the account, there is no beneficiary designated on the account, and more than 30 days have passed since the date of death. That said, Mass. law gives banks absolute discretion on whether or not they accept this type of affidavit in lieu of formal papers from probate proving your authority.
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