Will vs Bank Account

[Chary Rosario]

Jurisdiction

New York

My mother left a WILL upon her death and my brother who lived with her found the WILL.
I found out through a photo text, that I am named as the executor of the WILL.
The will list several family members and bank accounts.
My brother refuses to give me the original WILL so that I can submit to probate.

The bank has told me that I am the sole beneficiary and gave me access to the account

Is the money soley mine?
what can i do if my brother refuses to provide the WILL?

 

[zddoodah]

The bank has told me that I am the sole beneficiary and gave me access to the account

Is the money soley mine?

Money in a bank account with a designated beneficiary is not part of the decedent's estate that is subject to the will. It belongs to the designated beneficiary.

what can i do if my brother refuses to provide the WILL?

You CAN DO lots of things, including not doing anything. Just because your mother's will nominated you to serve as executor doesn't mean you're obligated to do it. If, however, you want to undertake that responsibility, you can file a petition with the surrogate's court to probate the estate. You'd be well-advised to retain the services of an attorney (the fees will be payable from the estate), and the attorney will likely start the process by demanding that your brother turn over the original will. If your brother remains recalcitrant, then the probate process can be started with the photo of the will that your brother texted to you. Then the court will order your brother to produce the original.

 

[doucar]

It would appear that the bank accounts naming you as sole beneficiary are yours without probate.
If you want to submit the will for probate, submit a copy with the probate petition. You may want to at least consult with a probate attorney for the proper way to do it in your state.

 

[adjusterjack]

The bank has told me that I am the sole beneficiary and gave me access to the account

Is the money soley mine?

Yes.

And I suggest you transfer the money into your own account asap.

what can i do if my brother refuses to provide the WILL?

In addition to what others have suggested, if there is no copy and your brother perhaps gets nasty enough to destroy the original, you'd open probate under intestacy,

 

[Zigner]

And I suggest you transfer the money into your own account asap.

...at a different bank.

 

[Chary Rosario]

It would appear that the bank accounts naming you as sole beneficiary are yours without probate.
If you want to submit the will for probate, submit a copy with the probate petition. You may want to at least consult with a probate attorney for the proper way to do it in your state.

Thank you very much

 

[Chary Rosario]

Thank you all for the feedback - i truly appreciate it

 

[Disabled Vet]

Suggestion is that you don't use that money right away. Just in case the brother decides to open up a lawsuit. Just tuck it away in account with only your name. Keep all the paperwork from the bank as well for your mother account. A question to ask here as well if you can close your mothers account. s

 

[welkin]

The bank account is TOD (that is transfer on death). You will need a copy of the death certificate. You take it to the bank along with proper identification as to your identity and the money is yours.

 

[Zigner]

The bank account is TOD (that is transfer on death). You will need a copy of the death certificate. You take it to the bank along with proper identification as to your identity and the money is yours.

The OP already has access to the account. There is no need to provide the bank with a copy of the death certificate at this point.

 

[welkin]

Then he must have already provided the death certificate to the bank.

 

[adjusterjack]

Then he must have already provided the death certificate to the bank.

Agree.

Also repeat:

And I suggest you transfer the money into your own account asap.

And agree with:

...at a different bank.