Legal Question in Wills and Trusts in Arizona

collecting on a pay upon death account

the conservitor for my grandfather has a hold on two payable on death accounts. what do i need besides a death certificate and identification to collect from the bank?


Asked on 10/14/08, 12:50 pm

3 Answers from Attorneys

Brian Blum Blum Law Office, PLC

Re: collecting on a pay upon death account

That should do it. Go to the bank with the death cert and ID and they should give you the money.

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Answered on 10/14/08, 12:59 pm
James Jenkins Jenkins Law Center PLC

Re: collecting on a pay upon death account

My answer will be somewhat different than that given by the other attorney. Since there is some sort of "hold" on the account, I presume that there are more facts to the story, and something more is going on. I do not have those facts, and frankly speaking, you will probably need to consult with an estate attorney to explain all the facts.

I will speculate a little here. The conservator may have placed a claim on the funds because there are creditors of your grandfather's estate which need to be dealt with. One of the creditor's might be the conservator for costs or fees owed. I presume that since you called that person a conservator, he or she was appointed by the court in a case. There may need to be a petition filed in that case.

Consult with an estate attorney. I cannot give you a proper opinion here due to the absence of all the facts. The estate attorney will also have questions for you and will need to know about the conservatorship, and may need to contact the conservator to get to the bottom of this situation.

If you decide to get the help of an attorney you are also welcome to contact our office at 480.835.1500. See our blog at JenkinsLawCenter.blogspot.com for more information as well.

Disclaimer: This message is intended as general educational information only, and is not intended to constitute legal advice in this particular case, nor to create any attorney-client relationship. Consult personally with an attorney for specific legal advice. As always, your identity is anonymous on the Law Guru site, and therefore unknown to those who post a response to your question, therefore, no attorney-client relationship is intended or should be inferred.

Best regards,

James D. Jenkins

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Answered on 10/14/08, 2:49 pm
Brian Blum Blum Law Office, PLC

Re: collecting on a pay upon death account

I like Mr Jenkins's answer better than mine. I defer to him.

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Answered on 10/15/08, 10:12 pm


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