Is it legal to take money out of a deceased persons bank account before all the legalities are complete?
Question Details: My aunt Passed away less than 2 weeks ago and named both of her girls as 50/50 of her estate in her will. One of the girls has her bank card and has been withdrawing money out of her checking and savings account. I think that it is illegal for her to be doing that until everything is settled and split 50/50. The estate and will are in Colorado.
I am not admitted in Colorado. You did not indicate how the account is held, but by the way you phrased the question I am assuming that it is in the name of your Aunt only. Then I would agree that your cousin is improperly withdrawing the funds.
The bank should be notified of your Aunt's death. That should freeze the account. The executor of the estate should request a print out of all activity after your Aunt's date of death and take the necessary steps to get the money back.
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