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  #6  
Old 09-02-2008, 09:22 AM
Coffee's For Closers
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Default Re: upon death - what happens to your accounts

In article <oHnuk.23427$N87.9412[at]nlpi068.nbdc.sbc.com> ,
pschuman_no_spam_me[at]interserv.com says...
- quote -

> tnx for the various comments on what happens afterwards.
> I've run the simple path after my mother died a few years ago.
> This was more about..... the financial institutions finding out,
> if you don't walk in carrying the certificate & red flag the account.
> Basically - after a person dies, there is really nothing in the "system"
> that would pro-actively search this out and flag the account.
> Therefore - until you personally raise the issue, the accounts just keep
> rolling along
> until maybe end of year tax time, or a statement address gets bounced.



There might be some situation where the institution pulls a
credit report. Such as if there is a line of credit attached to
any of the accounts, and they do a periodic check (e.g. annually)
to make sure that the customer's situation is still OK.

And credit bureaus use the official Social Security Death Index,
enabling them to place a note on the file that the person appears
to be deceased.


--
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http://www.cardreport.com/
Credit Tools, Reference, and Forum

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  #5  
Old 08-31-2008, 09:34 PM
rick++
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Default Re: upon death - what happens to your accounts

The accounts cant be accessed without the deceased signature.

As part of probate, the executor will take death certificates
to banks to liquidate the accounts according to the Will
or State Intestate Law (no Will) The executor will search the
deceased papers and collect mail for a period of time to
ascertain accounts. Overlooking some accounts isnt rare. After
several
inactive years the account revert to the state. Dateline TV ran
a couple of pieces where they tracked down heirs. Sometimes
entreprenuers will also track for a cut. The executor also has
pay any taxes on an account's interest and deferred holdings.

Unauthorised access could be a crime.

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  #4  
Old 08-31-2008, 01:15 PM
Mark Freeland
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Default Re: upon death - what happens to your accounts

"Avrum Lapin" <avrum223[at]verizon.net> wrote in message
news:avrum223-F0553A.17545630082008[at]news.la.sbcglobal.net...
- quote -

> In article <g9cbfb$hba$1[at]aioe.org> ,
> "Mark Freeland" <nNeEwTs[at]nyc.rr.com> wrote:
> big snip
> > But if the financial institution is not the trustee for the trust, the
> > fact
> > that the trust is supposed to pay out because of a death is of no concern
> > to
> > the financial institution. The institution simply deals with the
> > trustee.


(I was referring to a trust being the owner, not the beneficiary - focusing
on the owner's death.)

[more cut]

- quote -

> > From personal experience, when my first wife died, the three
> institutions where she held accounts naming a trust as a beneficiary
> all wanted to see the death certificate (none kept it,) and the trust to
> see that I was indeed the trustee.


That's a different situation than the one I was describing - I misunderstood
the situation you were thinking of. Any beneficiary is going to have to
provide adequate proof of identity. As you said, for an estate or trust,
the executor/trustee is going to have to provide proof that they are indeed
the executor or trustee. For an executor, that's a declaration by the state
and not the will itself; for a trust that is the trust itself. The
difference between the two is that the will is probated, and that means the
state and not the will determines who the true executor is, while the trust
may not require state validation.

Mark Freeland
nNeEwTs[at]nyc.rr.com

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  #3  
Old 08-31-2008, 11:08 AM
ps56k
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Default Re: upon death - what happens to your accounts

tnx for the various comments on what happens afterwards.
I've run the simple path after my mother died a few years ago.

This was more about..... the financial institutions finding out,
if you don't walk in carrying the certificate & red flag the account.

Basically - after a person dies, there is really nothing in the "system"
that would pro-actively search this out and flag the account.
Therefore - until you personally raise the issue, the accounts just keep
rolling along
until maybe end of year tax time, or a statement address gets bounced.

------ Misc.invest.financial-plan is a moderated newsgroup where Moderators strive
to keep the conversations on-topic for financial planning. Other posting
guidelines include a request for brevity and another for trimming posts to
which we respond. For all of the other tips and suggestions, see "FROM THE
MODERATORS: Posting to misc.invest.financial-plan", a weekly post now on the
Newsgroup.

  #2  
Old 08-31-2008, 12:55 AM
Avrum Lapin
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Default Re: upon death - what happens to your accounts

In article <g9cbfb$hba$1[at]aioe.org> ,
"Mark Freeland" <nNeEwTs[at]nyc.rr.com> wrote:

big snip
- quote -

> If by trust you are thinking about something like an IRA (where the
> financial institution is a trustee or custodian), then the financial
> institution is acting as trustee in accordance with the terms of the trust.
> Specifically, the trust distributes the assets to the beneficiaries (or
> estate if no beneficiaries named). The beneficiaries need to present a
> death certificate and possibly inheritance tax waiver. That's it. If the
> estate is the beneficiary, then the executor/administrator needs
> certification from the state, as with a will.
> But if the financial institution is not the trustee for the trust, the fact
> that the trust is supposed to pay out because of a death is of no concern to
> the financial institution. The institution simply deals with the trustee.
> So long as the trustee is not the deceased, I don't believe any
> documentation is required by the financial institution - nothing has changed
> in the relationship between trustee and financial institution. On the other
> hand, if it is the trustee who has died, then it's a little hard for the
> trustee to provide documents :-).
> From personal experience, when my first wife died, the three

institutions where she held accounts naming a trust as a beneficiary
all wanted to see the death certificate (none kept it,) and the trust to
see that I was indeed the trustee. The nosiest was the bank who sent a
copy of the trust to their head office, the least nosiest was Smith
Barney whose local office had kept a copy of the trust when the account
was opened.

After I remarried and my new wife retitled her house from her trust to
hers and my house the local tax assessor wanted to see my trust and the
marriage certificate to preserve the proposition 13 assessment
(transfers to spouses do not generate a re-assessment.)

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  #1  
Old 08-30-2008, 08:44 PM
Mark Freeland
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Posts: n/a
Default Re: upon death - what happens to your accounts

"Avrum Lapin" <avrum223[at]verizon.net> wrote in message
news:avrum223-3AA191.07124830082008[at]news.la.sbcglobal.net...
- quote -

> The bank needs the death certificate. They don't peruse the obits
> If the account is a transfer on death, pay on death or joint account
> then the surviving person presents the death certificate and the
> transfer occurs - it could be as soon as instantly or maybe in weeks
> time.


Several states also require a state inheritance tax waiver.

Description:
https://www.invescoaim.com/portal/si...b4bf0aRCRD#h11

State rules:
http://www.usbank.com/cgi_w/cfm/comm...#state_req_top

- quote -

> If the account is governed by a will or trust the executor/trustee needs
> to present the death certificate and the will or trust and or other
> documents that establishes they they are they are the will or trustee.


A will shouldn't be required, because it is none of the financial
institution's concern how the estate's assets are distributed. Rather, the
financial institution cares only who the executor/administrator is, and will
require a statement from the state verifying this person's status as
executor/administrator. (This in turn means that the will has been probated
to establish the executor.) In effect, the executor/administrator stands in
for the deceased.

If by trust you are thinking about something like an IRA (where the
financial institution is a trustee or custodian), then the financial
institution is acting as trustee in accordance with the terms of the trust.
Specifically, the trust distributes the assets to the beneficiaries (or
estate if no beneficiaries named). The beneficiaries need to present a
death certificate and possibly inheritance tax waiver. That's it. If the
estate is the beneficiary, then the executor/administrator needs
certification from the state, as with a will.

But if the financial institution is not the trustee for the trust, the fact
that the trust is supposed to pay out because of a death is of no concern to
the financial institution. The institution simply deals with the trustee.
So long as the trustee is not the deceased, I don't believe any
documentation is required by the financial institution - nothing has changed
in the relationship between trustee and financial institution. On the other
hand, if it is the trustee who has died, then it's a little hard for the
trustee to provide documents :-).

Here's TRP's brokerage transfer form, with very clear directions on all
these situations (owner died, trustee died, JTWROS, TOD). I found TRP to be
the most helpful of any institution I dealt with under these circumstances.
http://www.troweprice.com/gcFiles/pd...nr07192005.pdf

Mark Freeland
nNeEwTs[at]nyc.rr.com

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Old 08-30-2008, 02:15 PM
Avrum Lapin
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Posts: n/a
Default Re: upon death - what happens to your accounts

In article <iP4uk.36041$co7.21468[at]nlpi066.nbdc.sbc.com> ,
"ps56k" <pschuman_no_spam_me[at]interserv.com> wrote:

- quote -

> we were chatting with some extended family members,
> and was wondering about some death issues...
> So - what happens when a person dies with respect to their accounts.
> Not related to taxes... but you can comment... more of avail & access.
> How do the financial institutions learn (if at all) that a person has died.
> Is it related to the Death Certificate - does it have a SSN
> that winds up getting shared with the financial world ?
> It appears that "bank" accounts, like checking or savings,
> might have a primary holder (I'm guessing the reporting SSN)
> along with any "signature" holders.... or are they joint ?
> So, when a person dies, the other sig holders may still write checks on the
> account,
> but does it ever get "frozen".
> Mutual Fund accounts with joint tenancy should just continue since it is
> "joint".


The bank needs the death certificate. They don't peruse the obits

If the account is a transfer on death, pay on death or joint account
then the surviving person presents the death certificate and the
transfer occurs - it could be as soon as instantly or maybe in weeks
time.

If the account is governed by a will or trust the executor/trustee needs
to present the death certificate and the will or trust and or other
documents that establishes they they are they are the will or trustee.

After death the other signatories can continue writing checks.

After the bank finds out about the death direct deposits will be blocked
and ones made out to the decedent will be returned to the sender

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  #-1  
Old 08-30-2008, 09:52 AM
ps56k
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Posts: n/a
Default upon death - what happens to your accounts

we were chatting with some extended family members,
and was wondering about some death issues...

So - what happens when a person dies with respect to their accounts.
Not related to taxes... but you can comment... more of avail & access.

How do the financial institutions learn (if at all) that a person has died.
Is it related to the Death Certificate - does it have a SSN
that winds up getting shared with the financial world ?

It appears that "bank" accounts, like checking or savings,
might have a primary holder (I'm guessing the reporting SSN)
along with any "signature" holders.... or are they joint ?

So, when a person dies, the other sig holders may still write checks on the
account,
but does it ever get "frozen".

Mutual Fund accounts with joint tenancy should just continue since it is
"joint".



--
-- "If everything seems to be going well,
you have obviously overlooked something." - Steven Wright

------ Misc.invest.financial-plan is a moderated newsgroup where Moderators strive
to keep the conversations on-topic for financial planning. Other posting
guidelines include a request for brevity and another for trimming posts to
which we respond. For all of the other tips and suggestions, see "FROM THE
MODERATORS: Posting to misc.invest.financial-plan", a weekly post now on the
Newsgroup.

 

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