New York State executor denied access to decease's electronic bank records prior to his death.

H

help911

New Member
Jurisdiction
New York
I was appointed administrator of my brother's estate and opened an estate bank account with the main bank where he did his personal and business banking. Because he was on electronic monthly statements I was not able to confirm whether payments were not made to certain individuals. I requested access to his monthly bank statements, but was told I was only aloud access to statements after his death. Is this correct?
 
help911 said:
I was appointed administrator of my brother's estate and opened an estate bank account with the main bank where he did his personal and business banking. Because he was on electronic monthly statements I was not able to confirm whether payments were not made to certain individuals. I requested access to his monthly bank statements, but was told I was only aloud access to statements after his death. Is this correct?
Click to expand...

So, your brother is deceased, and you aren't being allowed access to bank statements prior to his death, and he didn't save/print out the statements before dying?
 
help911 said:
was told I was only aloud access to statements after his death.
Click to expand...

Not clear whether your brother is still alive or not.

If not, you will have to go to the NY Surrogate and get "letters testimentary" which will give you the court's authorization to represent/administer the estate. With those papers you'll be able to get access to his accounts.

If he is still alive you will need him to give you Power of Attorney or the bank may have their own forms for him to sign giving you the access to his accounts.
 
adjusterjack said:
Not clear whether your brother is still alive or not.

If not, you will have to go to the NY Surrogate and get "letters testimentary" which will give you the court's authorization to represent/administer the estate. With those papers you'll be able to get access to his accounts.

If he is still alive you will need him to give you Power of Attorney or the bank may have their own forms for him to sign giving you the access to his accounts.
Click to expand...
I have "Letters of Administration" form the New York State Surrogate Court.
 
help911 said:
I have "Letters of Administration" form the New York State Surrogate Court.
Click to expand...

Then the bank should be complying with those letters by allowing you access to the account. Who are you dealing with at the bank? If it's customer service people at a branch, that may be why you are having trouble. Most banks departments that handle estate issues and are more knowledgeable than the people at the branch level.

BTW, both my parents were NYers so I'm familiar with the Surrogate and estate process. Our Letters of Administration were complied with wherever we had to use them.

help911 said:
I opened an estate bank account. How would I be able to do that without authority form the court.
Click to expand...

That's the easy part. Accessing your brother's account is a different story. I suggest you escalate that to a higher level at the bank.
 
adjusterjack said:
Then the bank should be complying with those letters by allowing you access to the account. Who are you dealing with at the bank? If it's customer service people at a branch, that may be why you are having trouble. Most banks departments that handle estate issues and are more knowledgeable than the people at the branch level.

BTW, both my parents were NYers so I'm familiar with the Surrogate and estate process. Our Letters of Administration were complied with wherever we had to use them.



That's the easy part. Accessing your brother's account is a different story. I suggest you escalate that to a higher level at the bank.
Click to expand...
Is there any NYS statute related to executor authority that I could reference.
 

Ask a Question

Click to ask a question

Share this page

Back
Top