Our Dad died early last month. My brother and I are Dad's beneficiaries. If my brother was named Executor in Dad's will, doesn't he have to officiate it at the Courthouse? In the meantime, does he have authority to continue using Dad's checking account, which he is doing.
Your brother cannot act in the capacity of executor until he becomes appointed by the probate court. In the meantime, he does not have any authority to use your father's checking account.
My answer is for general information only and does not imply that any attorney-client relationship has been created.
If your brother is a joint owner or beneficiary on the checking account then yes, he could use it...its his. If the acct was just in dad's name then he can't use it until he gets appointed.
Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less
If both your father's and your brother's names are on the checking account, then the funds may now belong to your brother. If the account was in your father's name alone, your brother's authority to use the checking account (if he had any such authority to begin with) ends at the time your father passed away. I'm not sure what you mean when you ask whether he has to "officiate" the will at the courthouse, but if you mean does he have to file the will, he would do so as part of the probate process.
Good luck to you.
Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies.
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