Donations to surviving spouse

[Waltermelon]

What is the name of your state? OH

My father passed away recently and when I arranged for the death notice, the newspaper stated that we couldn't include that donations be made to the spouse, but that we could easily set up a memorial fund at any bank and state in the notice that donations be made to the memorial fund. When I asked if the bank would do that the person at the paper said "no problem," people do it all the time. Well now there's a problem. My mother wants me to handle the account and her finances, but my own bank won't let me open the account. They are requesting all kinds of estate information, executor papers, probate papers, etc. There is none of that aside from a notarized paper from 7 years ago stating that their belongings will be distributed to my sister and I upon death. This money was not a part of the estate and there is no estate to disburse aside from a junk car and personal belongings. I have all the proof necessary that I am the daughter - I even have all of the checks.

Should I just have my mother endorse the checks over to me and try to open a regular account? Should I try another bank? This is so frustrating.

 

[BlondiePB]

What is the name of your state? OH

My father passed away recently and when I arranged for the death notice, the newspaper stated that we couldn't include that donations be made to the spouse, but that we could easily set up a memorial fund at any bank and state in the notice that donations be made to the memorial fund. When I asked if the bank would do that the person at the paper said "no problem," people do it all the time. Well now there's a problem. My mother wants me to handle the account and her finances, but my own bank won't let me open the account. They are requesting all kinds of estate information, executor papers, probate papers, etc. There is none of that aside from a notarized paper from 7 years ago stating that their belongings will be distributed to my sister and I upon death. This money was not a part of the estate and there is no estate to disburse aside from a junk car and personal belongings. I have all the proof necessary that I am the daughter - I even have all of the checks.

Should I just have my mother endorse the checks over to me and try to open a regular account? Should I try another bank? This is so frustrating.

The bank is correct and you will find this at any other bank. To handle the funds for your mother, you must open probate, file/apply to be the executor of the estate, and be issued letters testamentary/administration. The checks cannot be endorsed by any one other than the personal representative of the estate. The funds will then be utilized to pay final expenses in accordance with your state statutes. The life insurance paid to your mother passes outside probate. Doing anything other than properly handling of these funds is fraud.

 

[Dandy Don]

It is a very simple matter to get certified letters testamentary from the probate court. The memorial fund is now an asset of the estate but you also need to be checking at the courthouse to see if there is a simplified procedure for smaller estates. The fund might qualify for such if it only adds up to a few thousand dollars.

You need that document showing that you are administrator/executor of the estate so that you will have to provide an official accounting of the fund. If the bank did not ask for that information, it is possible that you could just clear the account out and skip town without providing any official explanation of what happened to the money.

DANDY DON IN OKLAHOMA ([email protected])