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

[help911]

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?

 

[zddoodah]

I was appointed administrator of my brother's estate

Please explain exactly what this means. I suspect you haven't used the terminology correctly.

 

[Red Kayak]

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?

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?

 

[adjusterjack]

was told I was only aloud access to statements after his death.

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.

 

[help911]

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?

This is correct.

 

[help911]

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.

I have "Letters of Administration" form the New York State Surrogate Court.

 

[help911]

I have "Letters of Administration" form the New York State Surrogate Court.

I opened an estate bank account. How would I be able to do that without authority form the court.

 

[adjusterjack]

I have "Letters of Administration" form the New York State Surrogate Court.

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.

I opened an estate bank account. How would I be able to do that without authority form the court.

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.

 

[help911]

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.

Is there any NYS statute related to executor authority that I could reference.

 

[adjusterjack]

Is there any NYS statute related to executor authority that I could reference.

Surrogate Court Rules:

http://courts.state.ny.us/rules/trialcourts/207.shtml

Surrogate Court Procedure:

http://codes.lp.findlaw.com/nycode/SCP

Estates, Powers, and Trusts. Try Articles 10 and 11:

https://law.justia.com/codes/new-york/2024/ept/

 

[help911]

Surrogate Court Rules:

http://courts.state.ny.us/rules/trialcourts/207.shtml

Surrogate Court Procedure:

http://codes.lp.findlaw.com/nycode/SCP

Estates, Powers, and Trusts. Try Articles 10 and 11:

https://law.justia.com/codes/new-york/2024/ept/

Thank You. I found some interesting reading that is related.

 

[help911]

Please explain exactly what this means. I suspect you haven't used the terminology correctly.

I received "Letters of Administration" from the NYS Surrogate Court appointing me administrator of my brother's estate. Administrator for someone who passed without a will, executor for someone who passed with a will.

 

[Tax Counsel]

but was told I was only [allowed] access to statements after his death. Is this correct?

That may well be the rule the bank has. Whether the bank must, or is even permitted, to give you that information depends on the details of the account Your brother's estate arises on the date of his death and the probate assets that he had on that date are what the estate personal representative controls.

So the first question is, is the money in the bank even an asset of the probate estate? If he appointed a pay on death (POD) beneficiary for the account then the moment he died the account belongs to the beneficiary and not the estate. In that case, that beneficiary becomes the owner of it immediately upon his death. In that situtation the estate has no right to the account funds and doesn't have automatic access to the account records. Similarly if the account was in a trust, the account funds are not part of the probate estate, which again means the estate does not have automatic access to the account records. In either case, the bank may violate federal and state privacy laws in giving you that information without a court order. As a result, executors end up having to get an order from the court handling the probate directed to the bank to provide the records they seek.

If you haven't hired a probate attorney to represent the estate then I suggest that should be your next step. There are specific state probate laws that dictate what the personal represenative's powers and reponsbilities are. If you screw up in handling the estate and that results in a creditor, beneficiary, or tax agency not receiving what they were entitled to get from the estate then you might end up being personally liable to pay them what they should have received.

 

[help911]

The estate lawyer suggests I may need a court order to get access to the monthly statements for the year 2025.The accounts are 1 personal checking, 1 business checking and a line of credit account where money is owed. The checking accounts were closed and the funds deposited into the newly opened estate account. I may refuse to pay the line of credit account until I can see how funds were transferred between accounts. Also, the sale of real properties may exceed $1,000,000 and I may suggest moving the estate account to another bank.

 

[adjusterjack]

Then get a court order instead of playing games with the banks.