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AV Preeminent Peer Rated Attorneys
San Antonio Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
San Antonio Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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  • 206 E. Locus St., San Antonio, TX 78212

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  • 6243 W. Ih 10, Ste. 855, San Antonio, TX 78201-2022

  • 2520 S. Presa St., San Antonio, TX 78210-2844

  • 323 Spencer LN, San Antonio, TX 78201

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  • 10101 Reunion Place, Suite 425, San Antonio, TX 78216-4186

  • 111 Soledad, Suite 332, San Antonio, TX 78205

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  • 455 S. Main Ave., San Antonio, TX 78204-1133

  • 10010 San Pedro, Suite 660, San Antonio, TX 78216-3804

  • 22211 IH 10 West, Suite 1206, San Antonio, TX 78257-1742

  • 9901 West Ih-10, Ste. 165, San Antonio, TX 78230-2252

  • 215 E. Hildebran Ave., San Antonio, TX 78209-6332

  • 601 N.W. Loop 410, Ste. 104, San Antonio, TX 78216

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  • 707 E. Quincy St., San Antonio, TX 78215

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Can the executor close a bank account?

James Brian Thomas
Answered by attorney James Brian Thomas (Unclaimed Profile)
Estate Planning lawyer at Burdette & Rice, PLLC
Powers of Attorney are terminated by the death of the principal. After that person dies, a Power of Attorney should neither be used or accepted. An executor, administrator or personal representative of the decedent's estate, has the authority to act with respect to an account owned by the decedent. In virtually every case, this person must actually be appointed (by the Court) to this position. Many individuals believe that this authority simply springs from the Will itself, without the Court's involvement, and they are wrong. Once appointed, the executor will typically need to show proof of his or her appointment to the third-party (like a bank). Letters Testamentary are routinely issued by the Clerk to demonstrate evidence of this appointed authority, and these Letters are typically all that is required, although some financial institutions might also request a Death Certificate.
Powers of Attorney are terminated by the death of the principal. After that person dies, a Power of Attorney should neither be used or accepted. An executor, administrator or personal representative of the decedent's estate, has the authority to act with respect to an account owned by the decedent. In virtually every case, this person must actually be appointed (by the Court) to this position. Many individuals believe that this authority simply springs from the Will itself, without the Court's involvement, and they are wrong. Once appointed, the executor will typically need to show proof of his or her appointment to the third-party (like a bank). Letters Testamentary are routinely issued by the Clerk to demonstrate evidence of this appointed authority, and these Letters are typically all that is required, although some financial institutions might also request a Death Certificate.
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What will happen if my brother and I are executors and beneficiaries to our mother's estate but step-father is still alive?

Kimberly Demetrice French
Answered by attorney Kimberly Demetrice French (Unclaimed Profile)
Estate Planning lawyer at Law Offices of Kimberly D. Moss, PLLC
The terms of your mother's will determine you and your brother's rights, obligations, and duties with regard to settling her estate and the division of her property. If your mother is still mentally capable of doing so, it is a good idea to talk to her about these issues now while she is still alive. The division of her personal property in the home is something that she could do while living, and it would be up to her to include or exclude her husband from the process. It sounds as though your mother is quite ill, so this may not be possible. If you have a copy of your mother's will, it may be a good idea to take it to a local attorney who is knowledgeable about probate law to discuss your concerns.
The terms of your mother's will determine you and your brother's rights, obligations, and duties with regard to settling her estate and the division of her property. If your mother is still mentally capable of doing so, it is a good idea to talk to her about these issues now while she is still alive. The division of her personal property in the home is something that she could do while living, and it would be up to her to include or exclude her husband from the process. It sounds as though your mother is quite ill, so this may not be possible. If you have a copy of your mother's will, it may be a good idea to take it to a local attorney who is knowledgeable about probate law to discuss your concerns.
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When you become an administrator of an estate, how do you know your duties?

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Answered by attorney Candace Kay Ladley (Unclaimed Profile)
Estate Planning lawyer at Candace K. Ladley, Attorney at Law
Normally your attorney will provide you with instructions on your duties and liabilities as an executor or administrator. If you still have concerns you should contact your attorney directly and discuss them with him or her. In California, the executor or administrator receives the same fees as the attorney, which is a percentage of the gross estate on a sliding scale. If you perform extraordinary duties, such as running or selling a business or residence, you can have your attorney petition the court for extraordinary fees which are usually based on your knowledge, education and experience. Discuss this with your attorney In Washington state, the executor or administrator is entitled to reasonable fees which are based on your knowledge, education and experience and difficulty in handling the estate. Discuss this with your attorney.
Normally your attorney will provide you with instructions on your duties and liabilities as an executor or administrator. If you still have concerns you should contact your attorney directly and discuss them with him or her. In California, the executor or administrator receives the same fees as the attorney, which is a percentage of the gross estate on a sliding scale. If you perform extraordinary duties, such as running or selling a business or residence, you can have your attorney petition the court for extraordinary fees which are usually based on your knowledge, education and experience. Discuss this with your attorney In Washington state, the executor or administrator is entitled to reasonable fees which are based on your knowledge, education and experience and difficulty in handling the estate. Discuss this with your attorney.
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