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withdrawing money not under trust

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kathy22152

Junior Member
What is the name of your state?What is the name of your state? California

My father passed away in CA after living in Nevada for 5 years. His will and trust were drawn up in Florida. I am executor of the will and trustee of the trust. He thought all of his assets were covered under the trust. Unfortunately the bank in Florida where he opened 2 accounts says that one of the accounts is not under the trust although I have documents of his asking the bank to put both accounts under the trust. I have been searching for the easiest and least expensive way to remove this $2188. from the bank.

I cannot use the "disposition of personal property w/o administration" form suggested by the Florida courts because the cost of the funeral did not exceed the amount of money I am trying to recover. Now either a "summery od administration" or "ancillary petition" form has been suggested but these forms cost money to obtain and file and I am not sure if either form is what I need anyway.

Should I just "write it off" as the bank manager suggested or hire an attorney and spend all the money in the account trying to obtain the money?

Also, there is a safety deposit box in Nevada. I have the keys. Is being trustee and executor enough to gain access to this box? The bank manager is no help. He asked if I had power of attorney ( I do) but I thought this was only helpful before my dad died. Thank-you
 


BlondiePB

Senior Member
Have you tried speaking with an attorney in FL regarding the account and an attorney in NV regarding the safety deposit box? A couple of phone calls does not cost too much.
 

Dandy Don

Senior Member
When you say bank manager is no help with safety deposit box access, are you referring to Florida or Nevada or is the safety deposit box being held in a different branch of the same bank but in different cities?

You should be able to present or mail a certified copy of your letters testamentary to the bank in Florida and that should be enough for them to release the money to you. If they won't do that, then you need to be consulting with a Florida probate attorney to find out the best way to handle this.

Please mention the name and address of this bank so I can find a bank regulating agency that could possibly assist you with this.

DANDY DON IN OKLAHOMA ([email protected])
 

BlondiePB

Senior Member
Bank account is in FL and safety deposit box is in NV.

kathy22152, if you need to retrieve the monies from the bank located in FL, you must have letters of testamentary/administration from the probate court in FL. You must hire a FL attorney to do so. All non-resident FL executors must hire a FL attorney for probate. I did not look up NV probate code to see if it is the same for access to the safety deposit box.
 

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