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-   -   Should the Bank not release the funds of the deceased to anyone only to the executor (https://www.askmehelpdesk.com/showthread.php?t=390776)

  • Aug 26, 2009, 04:13 PM
    Trusty
    Should the Bank not release the funds of the deceased to anyone only to the executor
    Hi,

    I was named executor of my aunt's will. She died dec 19, 2007. She is an American citizen living in St Kitts. She left in thhe will all her assets to me, but still when I reach
    Dec 20,2009. The Bank did not release her funds at the Bank which I found awkward, I had the will in my hand and her death certificate. Afterwards the manager of the Bank
    Came and told me the account is intact and nothing has been touch. Still after the funeral
    I found out that a lady my aunt's neighbor made her sign her name also on the account
    So my aun't account became a join acount. By the time a ask for a lawyer and probate the bank refuse to give me any detail. After a lot of letter sending back and forth the bank admit that the account was closed and all money was withdraw and can not mentioned name because of bank privacy law. I understood that the lady went with her to the bank and made her sign for her account to be closed and open a new joint account. All this happened in 6 months time and my aunt died of heart failure. So I could not executed my aunt's last wishes. I do not have money to pay a lawyer. But isn't ithere an other way that an executor can report this issue so it can be recorded or that I can still make the investigation on the Bank procedures, so with thhe record I can prove that the lady was trusted with my aunt assest because she is not written in the will. I am lost I really would like help on this case how the banklaw works and base on what and where can I go for help even if I can report this to a international institute. I do not know this need to be know. The lady could not answer me when my lawyer ask if she is planning to keep the money that is in trusted to her. The amount is not a penny but half a ton. For me it's about JUSTICE. It need to be reported.
  • Sep 3, 2009, 01:19 PM
    Trusty

    I see that nobody can help me. What other ways or options there are to report to whom in this kind a situation. As I mentioned before going to court is impossible because of the attorney costs but there have to be a way to report it. I know that in Europe we have the international court to report and they will take the case serious not that it will be a court case but they will do the investigation to see if the Bank acted according to the Book.
  • Sep 3, 2009, 01:28 PM
    ballengerb1

    You may not like this answer but the lady did nothing wrong and the money is hers to spend as she wishes. Your aunts asset and property may be yours but a will can not over power a joint bank account, both parties have the right to all money. You would need to be able to prove that this woman forced your aunt to sign her onto the account, do you think she did that?
  • Sep 3, 2009, 05:40 PM
    Trusty
    Joint account does not mean the other party can take all just because she died, the law protect the other half of the party if there is a will. Therefore you make a will. Even if the party take half she has to prove thhat she invest or deposit on that account too.
  • Sep 3, 2009, 05:48 PM
    Trusty

    Yes I believe base on the fact afterward I am putting to pieces. First the hospital through the lady out of the room because she was giving my aunt medication without prescription that she ask me what am I going to do with my aunt because she is not able, she suffer from nerves breakdown and depression, has a bad hip and had her mother 91 years old in bed.
    There is something because if my aunt has given it to her I would know and I would not might and why she wasn't honest to the niecs tell them the truth she has the money no she told them if they want they can go to the Bank see if they can get the money in front of witnesses as if she doesn't has the money. She let them believe that I have the money.
    You don't do something like that if it was meant for you, you will be happy.
  • Sep 3, 2009, 06:27 PM
    ballengerb1

    I am afraid that is exactly what a joint account permits. That lady did not even have to wait for her to die, she could take all the money before or after death. The way the account was setup it is not part of the estate. http://www.mejp.org/Home/lse/kyr/cli...ankaccount.htm
    I am not trying to be argumentive but I am stating legal facts as I know them from experience.

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