Probate

[alanmin4304]

I had power of attorney over my mother's bank a/c and went in yesterday to withdraw the money to pay the funeral bill etc. Sorry, when the person dies power of attorney ceases so you have to get your lawyers to apply for probate (I am sole executer of the will). Ring the lawyers who say 3-4k to sort out so I go down to the high court and ask the lady in the office what is required. She was very helpful and said that she had all the forms on her computer because she had recently organised probate on her brother in laws estate. She Emailed them to me and I changed the relevant bits and sent them back. A few minutes later I get a phone call saying if you come in now with $75 we can sort it because the Registrar is going on holiday.

$75 and less than 3 hours and sorted. That lady deseves a DB (OR BETTER)

[livingart]

that sounds typical alan, most people take it as gospel what they are told and just pay the money across

there are some nice ladies down at the high court

you need to go to a lawyer to get a lot of these legal papers and forms

and then you have to pay a massive hourly rate to get them to sort it for you

which is work their secretary usually does

well done

[alanmin4304]

My computer illiteracy delayed things a bit as when I had sorted the forms I didn't know how to send them back so I printed them and took them in. She showed me how to do it and it was all go. Without that it would have taken half the time. I was very profuse in my thanks and let everyone know she deserved a sabstantial rise. In my book that puts lawyers in the same class as politicians and second hand car salesmen. You only need the original copy of the will from the lawyers and $75.

[livingart]

i got told 30 - 40k for a high court injunction then it probably wouldn't be accepted

the right layout, some changes, $600, 3 days of pulling my hair out, a lovely lady at the high court and hey presto

then the original lawyer i enquired with tried to sting me for 2k for his time :evil:

[Caryl]

So obviously if we have a legal problem we need to go straight to a nice lady in a high court! :bounce:

[Scottie841]

I am assuming that the accounts have over $11k in them.

If the combined balance of the deceased's account(s) is more than $11,000, only an executor or administrator may deal with them.

The bank can be liable if it allows anyone else to deal with the customer's account(s). Accordingly, the bank requires a certified copy of the grant of probate or letters of administration before permitting any dealing with a deceased customer's account(s):

If the combined balance of the deceased customer's account(s) is more than $11,000; or

in any event, by anyone purporting to be the executor or administrator of the deceased customer's estate

If you have a copy of the death cert and will showing that you are the person alloud to deal with the accounts they will be able to help you

[alanmin4304]

I didn't need a death certificate to get probate and the bank wouldn't release the money even with propbate. They wanted a letter telling them what to do with the money. I therefore told them what to do with money---transfer it to another bank with more nouce.

[Scottie841]

Which bank are you dealing with? I may be able to shed some light on your situiation

for example my work askes for:

Details of deceased customer – Full name, access number, last residential address

Name of person notifying

Address of person notifying

Contact number for the person notifying

Convenient/best time to call

Their relationship to the deceased

The signature of the beneficiary if they are the person who has notified Kiwibank

Photocopy any documents provided (Death certificate, probate, will, identification for the notifying party)

Once we have the details a team look in to the request and send you a letter (normally after approx 3 days) to advise you if we need further infomation or askinG what you want done with the funds

[Jennifer]

I feel for you Alan - I have been thinking about you recently and wondering how you were getting on. These truly can be the worst of times. When my dad died, I was his sole heir but when I had my lawyer go to tidy up accounts, they said that a couple of accounts had a lot of money that was withdrawn the day after he died. Cameras at the money machines showed photos of my aunts...and that was only the beginning of what would turn out to be one greedy, ugly affair with them fighting amongst themselves and me struggling to settle the estate with all the banks.

Sure is one way to make a bad situation worse but it really taught me a few important lessons for my own life: 1. I never want to be the executor of a will again; 2. The best thing you can do for your loved ones is have a will and suitable executor; 3. if you want someone to have something in particular, give it to them now because once you die, you never know where things may disappear to.

Here's hoping everything goes to plan for you now and that your family isn't too badly affected by all of the after affairs.

[alanmin4304]

Things are going well realy. Got to see my brother and two sisters who I hadn't seen for a while. Got to sit with my mother as she died and life is a terminal disease so you are doing well to get to 97 and have very good health for abouit 96.5 of those.

Mum had everything sorted completely. The funeral directors had every detail layed out and the service was completely planned. The will is very clear and divides everything evenly.

She gave the few valuables she had to who she wanted to have them while she was alive.

So it is not a problem.

It just amazes me that you can get probate without a death certificate and I am sole executor (which is established with probate), I have had power of atorney for years and am known to the bank, yet they want more hassles and paper work.

I have sorted it and it will be transfered to my Bank a/c at another bank from which I will then carry out mums requests without a problem. If we had paid the lawyers and banks there would be nothing left to worry about.

[Heir]

yet they want more hassles and paper work.

I'm really sorry to learn of your loss.

As a banker; we don't like more hassle or paper work either, but we try and follow the law as best we can.

Your banker probably didn't want to be dragged over the hot coals just because they know you.

It's law and it should have been explained to you by your solicitor when you signed it that POA and EPOA of any description ceases at death.

[Ira]

Bend the rules to be nice and you're the first one dragged into the firing line. Follow the rules and you just annoy people.

[alanmin4304]

That was not my point. It was that I know poa stops on death but the power of the executor and trustee are established at probate. The bank wanted a letter of instruction and said they would pay all the bills---I didn't ask but don't think that would have been a free service.

I am not concerned, it will be sorted shortly and my mothers wishes will be carried out and that is the important thing.

[Scottie841]

The bank wanted a letter of instruction and said they would pay all the bills---I didn't ask but don't think that would have been a free service.

It is a free service. Normally the bank will pay the funeral and undertakes costs on your behalf and they no not charge you to do it

[Jennifer]

Good on her for making it to 97 - we should all be so lucky. With your genetics Alan, you are just a spring chicken! :lol:

[alanmin4304]

I wish.