Avoiding Probate - MA specific question

[Parnassia]

Originally Posted by illtaketwoplease

Does an estate administrator have the authority to request account history (money in - money out) for the account the POA controlled during their tenure?

But you wrote that there has been no probate initiated through the courts. A trust and an estate are not the same. Did you mean the trust administrator? I thought you wrote that the bank account wasn't included in the trust.

As already explained, the POA's authority to do anything with the account ended with the decedent's death unless they were listed as a co-owner of the account. If they only had signatory authority they may or may not have access to the entire transaction history.

Someone needs to talk to the bank. They may give them general information about who may have access to account specifics and who may not (policy), but they may say they can't release specific transactional history.

If the bank account was not included in the trust, it won't be subject to someone who administers that trust.
If there are no probatable assets and no probate has been initiated by the court, there is no executor to approach the bank with a request for information.
The POA's authority has lapsed unless they are part owner.

Based solely on what you've written so far, I don't see why the bank should release account information to anyone. For a final time, the person who wants this transactional history needs to talk to the bank.

[illtaketwoplease]

Originally Posted by Parnassia

But you wrote that there has been no probate initiated through the courts. A trust and an estate are not the same. Did you mean the trust administrator? I thought you wrote that the bank account wasn't included in the trust.

As already explained, the POA's authority to do anything with the account ended with the decedent's death unless they were listed as a co-owner of the account. If they only had signatory authority they may or may not have access to the entire transaction history.

Someone needs to talk to the bank. They may give them general information about who may have access to account specifics and who may not (policy), but they may say they can't release specific transactional history.

If the bank account was not included in the trust, it won't be subject to someone who administers that trust.
If there are no probatable assets and no probate has been initiated by the court, there is no executor to approach the bank with a request for information.
The POA's authority has lapsed unless they are part owner.

Based solely on what you've written so far, I don't see why the bank should release account information to anyone. For a final time, the person who wants this transactional history needs to talk to the bank.

There are family dynamics involved which make the estate administrator hesitant to talk with the bank directly at this time as the former POA was a sibling. My question about obtaining account history was a general question and not specific.

[Parnassia]

Originally Posted by illtaketwoplease

There are family dynamics involved which make the estate administrator hesitant to talk with the bank directly at this time as the former POA was a sibling. My question about obtaining account history was a general question and not specific.

Without talking to the bank in question this relative/estate administrator is whistling in the wind. They need to deal with whatever is behind their reluctance. Unless the account details aren't their business.

It still isn't clear what you mean by "estate administrator". You keep saying there's no probate, but an estate administrator is the person who has been designated by a probate court. Sure, a will can name someone as executor, but they have no authority to act until a probate court decree gives it to them. For example, they can't walk into the bank, present the will, and expect the bank to hand over specific account details such as a transaction history. The bank will demand that court decree. No probate, no court decree.

https://www.pathfinderlawgroup.com/e...inistrator-do/

You never answered the question whether the former POA was part owner of the account or just a signatory. It can be an important distinction. If the POA was an owner of the account, especially with rights of survivorship, they can make use of the funds and may not be answerable to anyone else, even an "estate administrator". One owner of those funds may have died, but another owner is still alive and can still use them. Depending on how the account ownership was set up.

https://www.thebalance.com/what-happ...r-dies-3505233

General questions can't always be answered generally. The specifics are just that...specific. It's where that well known devil lives.

[akrausz]

Originally Posted by illtaketwoplease

Does an estate administrator have the authority to request account history (money in - money out) for the account the POA controlled during their tenure?

Authority? I doubt it. Generally, there is no "estate" and/or "administrator" until it goes to probate. Neither exists until the probate court says they do. The nominated administrator's authority only comes from the probate court.