Maine and NH probate

UPDATED: Oct 1, 2022

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Maine and NH probate

My dad’s girlfriend who lived and died in NH recently had her bank account in ME. My father is the executor of the Will and her son is the beneficiary on the bank account. My father went to the bank in ME with the Will and death certificate, however the bank will not let him do anything with the account since he is not on it. All he is trying to do is figure out how to get the money to her son as the Will states. Since her son is also not on the account, the bank will not allow him to either. My father went to probate in ME and they told him the bank should be allowing him to access the account but did not give any further instruction. So basically he is getting the runaround. He is trying to avoid probate court expenses and probate said he shouldn’t even need them anyway. Any suggestions on how my father as executor can get her bank assets turned over to her son would be appreciated.

Asked on June 16, 2018 under Estate Planning, New Hampshire


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

He will have to bring a legal action in probate court. When someone--including a bank--will not honor its legal obligations, only a court has the power to order them to comply. You father should contact the probate court's clerk office: they may be able to give him instructions and possibly sample or template forms to use. However, this does involve filing a legal action: if he is not comfortable doing that, he may wish to retain an attorney to help him.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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