Can a bank legally withold a check from my account? Posted on July 30, 2011

If I received an annuity payment and the check is made out to me and my spouse who is now deceased. I took this check deposited it in the bank, gave them a death certificate etc and they credited the account with the check under a hold while waiting for it to clear. Then they suddenly withdrew the amount and informed me that I had to provide them with a will short form from the local courthouse. My husband left no will, there is no estate in probate or anything of the such, everything has reverted to myself and they have had this money for nearly a month now, and have not been satisfied with anything I have tried to provide. The check has cleared as I checked with the finance company that it was from so the bank has the funds from the check. They have not credited my account with the funds and are refusing to release them. Is this legal? What can I do?

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