ADDITIONAL INFORMATION:

My Fiancé passed away over a year ago. I was Power of Attorney and 100 percent beneficiary of his Trust. He got too sick to transfer everything under the trust. Now I have a pour over will naming me Personal Representative. Giving me full power with no bond. The banks will not accept the will. They are telling me they need a letter stating I have legal rights to the money. I don’t know what to do.

ATTORNEY ANSWER BY MARGARET L. CROSS:

If a check is made payable to the estate, you will have to open a probate estate for your fiance. Until you are appointed personal representative, you have no authority to open a bank account under the name of the estate. You will need to file a petition, the original will, and a certified copy of the death certificate in the county of his residence. There are different types of probates depending on the value of the probate assets.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The estate administration attorneys at the Beliveau Law Group provides legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.