Answer:
Answer by Brian Crow: No, she cannot. The funds now belong to the deceased owner's estate. The funds should only be released to the court appointed executor/adminstrator of the estate, or to an individual who produces a properly executed small estate affidavit if your state's probate laws support it.
Answer:
Answer by John Burnett: Also check your state's laws to see if there is a provision allowing a bank to disburse funds from such an account to the spouse or other relative in the case of smaller-balance accounts. In some cases, these laws can be complicated, so get legal advice if the law isn't understood. Some states require an affidavit of the decedent's heirs. All will require evidence of the account owner's death. There may be a waiting period before which the bank cannot act.
First published on BankersOnline.com 9/17/12
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