- Can I obtain information if I have a Power of Attorney? Unfortunately, no. A power of attorney is invalid upon the death of the grantor. Even a “durable” power of attorney is invalid upon death.
- Can I obtain information if I am the Trustee of their Trust? It depends. A Trust only governs accounts which were owned by the trust at the time of the individual’s death. To obtain information, please provide the original Trust, any amendments, and proof that you have accepted the appointment to become the Successor Trustee. A Trustee would not be entitled to information about an account owned by an individual person at the time of their death.
- Can I obtain information if I am a Co-Owner of the Property? It depends. If you are a co-owner of real property, you may be entitled to certain information about the loan as the Successor-in-Interest (SII). A Successor-in-Interest (SII) is a person who received property (1) upon death of a relative or joint tenant or (2) through certain trusts. In order for us to make that determination, please submit a request to be deemed a Successor-in-Interest.
- Can I obtain information if I am a joint owner of the account? Yes. All account owners are entitled to obtain information about the account.
- Payable on Death (“POD”) Accounts: These accounts are not subject to probate or the terms of a Trust. If the account was solely owned, it will be closed and the funds disbursed to the beneficiaries. If multiple beneficiaries are listed, all beneficiaries should be present to receive the disbursement. Beneficiaries must bring in government-issued identification to confirm their identity. If a person is unable to visit an ASB branch, they may submit signed, notarized, written instructions regarding the account.
- Joint Owned Account: The Joint Owner is entitled to the funds in the account. No additional information is needed beyond notifying the Bank of the death.
- Sole Owned: The funds remain owned by the estate of the decedent. A claimed successor may request funds upon the presentation of a death certificate and one of the following:
An Affidavit for Collection that satisfies all requirements under Hawaii Revised Statute § 560:3-1201
How quickly can funds be released? The time it will take to settle an account may vary. It is our goal to expedite this process when possible.
Does an Authorized Signatory’s authority continue after the death of an account holder? Upon the death of the sole or the last surviving account owner, the Authorized Signatory’s authority is terminated.
What happens to federal benefits like Social Security or Veteran benefits that have been directly deposited? By law, certain deposits received after the date of death must be returned back to the Social Security Administration or agency that made the deposit. Additional information regarding the return of federal benefits may be obtained from the Social Security Administration or other federal government agency issuing benefits.
How are Certificate of Deposit Account Handled? Upon request, joint account owners can cash out the certificate without penalty. Beneficiaries should contact the Bank for further assistance.
How are IRA’s Handled? Beneficiaries will be contacted by the Bank.
How are Safe Deposit Boxes Handled? If there are no surviving joint owners, a Personal Representative or other court-appointed representative may access the safe deposit box. We may request certified copies of valid Letters Testamentary or other court order.
- Co-Borrower: Yes, you can update the account at any time.
- Trustee: It depends on whether the Trust is a Borrower or an accommodation mortgagor. If the Trust is a Borrower, a request can be submitted once we have established the requestor’s authority to provide instructions and confirmation of identity. If the Trust is an accommodation mortgagor, no changes can be requested.
- Personal Representative of the Estate: It depends on whether the decedent was a Borrower or an accommodation mortgagor. If the decedent was a Borrower, a request can be submitted once the Personal Representative provides the Letters Testamentary and confirmation of identity. If the decedent was an accommodation mortgagor, no changes can be requested.
I am not a Co-Borrower, but I have an ownership interest in the property securing the loan, am I liable for the loan? Typically, only co-borrowers are personally liable to the bank; however, each situation is unique. Because the Property secures repayment of the loan, you may want to consider options on how to protect your interest in the Property. Please call us at (808) 539-7228.
Loan Payments were being automatically debited from the Decedent’s Deposit Account, will that continue? Automatic payments made from a joint owned checking account, where the joint owner of the checking account remains liable for the debt under the loan, will continue without change. All other automatic payments may be disconnected when we receive notification of the customer’s death.
- Copy of the Certified Deed evidencing your ownership in the Property;
- Copy of the Borrower’s Death Certificate;
- If you are the Personal Representative, please provide a copy of the Letters Testamentary or other court document evidencing your appointment.
- If you are the Successor Trustee, please provide copies of the Trust, any amendments, and acceptance of appointment of the Trusteeship.
- Proof of your identity and a four (4) digit security code. If submitted via mail, please include this Notarized Letter confirming your identification.
Solicitation: Several solicitation(s) by mail are already in production and may be received by the Estate over the next 6-8 weeks. We apologize for any inconvenience this may cause.