My mom passed away April 10 of this year. I was her Power of Attorney and now the executor of her will. The probate judge swore me in this morning. Mother has a CD, so I went to the bank with all papers needed (will, death certificate and the paper showing I'm the executor) The bank told me they could not tell me if mom had listed her 4 children as benificiaries or not. Then I was told I would have to open an estate account with them, even though there's one at another bank. They would not tell me anything. What else do I need to do?

P Burns in Georgia

I'm sorry for your loss.

The P/A died with your mother. As the executor you are ENTITLED to this info. The Bank is very much incorrect. Open an account with them or you can't get the info?

I'd first report the bank to the GA banking commission and then move on to the Attorney General - http://dbf.georgia.gov/02/dbf/home/0,2477,43414745,00.html;jsessionid=34D35435AFCBB84 0426FA8392C3F1C99

... The bank told me they could not tell me if mom had listed her 4 children as benificiaries or not. Then I was told I would have to open an estate account with them, even though theres one at another bank. ...

The difference, of course, is that the children are shown as beneficiaries, it might be that their interests do not pass through the estate.

Do your mother's papers have any record of the CD? What do they say?

If there are benificiaries listed on the CD, they do not go to the estate, the money goes directly to them outside of the will and estate.

So if he could not tell you, then it has benificiaries on it ( and you are not listed)
If not, they are required by law to give you the info and you are not required to open an account with them.

The difference, of course, is that the children are shown as beneficiaries, it might be that their interests do not pass through the estate.

Do your mother's papers have any record of the CD? What do they say?



I learned something. My bank told me I could not list beneficiaries, that my Will would have to control my CD. The bank's only suggestion was to name someone as a co-owner (which I did not want to do).

After reading this I looked up the law and, yes, you CAN designate beneficiares.

I am taking the subject up with my bank.