letter of testamentory I would like to know how I can obtain a letter of…

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letter of testamentory
I would like to know how I can obtain a letter of testamentory so that I can obtain the controll of my husbands bank account that I was the power of attorney of until the time of his death. This is what the bank is saying that I need to get the funds from the bank.

3 thoughts on “letter of testamentory I would like to know how I can obtain a letter of…”

  1. Re: letter of testamentory
    The Power of Attorney terminated on the death of your husband, you need to undergo an estate proceeding for your husband’s estate in order to get the proper documents. Testamentary letters are issued to the executor of an estate where the decedent left a will.

    Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

    Stephen Loeb
    Law Office of Stephen R. Loeb
    75 Maiden Lane, Suite 339
    New York, NY 10038

  2. Re: letter of testamentory
    If he died with a Will, the Will needs to be probated in Surroagte’s Court. The Court will then issue “letters testamentary” appointing the executor control to marshal assets.

    If he died intestate (without a Will) then an Administration proceeding is necessary.

    Depending on the value of his Estate, you may be able to commence a small estate proceeding (if his assets are under $ 20,000.00). This process is less formal and you may not need to retain an attorney to handle it.

    You may contact me at anytime for a complimentary consultation.

    Michael Moberg
    Moberg & Associates
    333 EARLE OVINGTON BLVD., SUITE 1020
    Uniondale, NY 11553

  3. Re: letter of testamentory
    You do not say if there is a Will or not, or who, if there is a Will is named Executor. If it is you, or if there is no Will, you can be appointed Administrator of his estate. In either capacity, a form will be issued by the Surrogate which you can use to close the account. I repeat what Mike said about the “small estate” procedure. In either case, you should be able to do this yourself, without an attorney. although if there was no Will, you might need to be bonded. Surrogate personnel are very helpful and it may be worth a call to them before you go.

    Walter LeVine
    Walter D. LeVine, P. A.
    23 Vreeland Road #102
    Florham Park, NJ 07932

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