Can I legally take money by atm from my deceased mothers account before bank notified of death?
Only the title holder (owner) to a bank account has the authority to use the ATM card. If the decedent (mom) was the sole owner of the bank account, then the answer is “no”, you cannot legally use that ATM card and should not; even if you are a signer on the account, then your right to withdraw funds from the bank account terminates upon your mother’s death. If the account is titled in the name of a “living trust”, AND you are a current trustee, for which the bank has records to substantiate your fiduciary authority, then you likely could withdraw money. I do not know what you mean by “I have access to her accounts”; so, under the extraordinary assumption that you may be a joint tenant on the account with your mother, then you may also have a right to withdraw money from the account after you show the bank a death certificate. Nevertheless, because you discuss in your question probate, a will, and “less than $50,000”; the best thing you can do is make an appointment with an Arizona est
