my sister died without a will & 5 sisters left & a mom also. money in the bank who gets it ? can 1 sister appoint herself power of attorney by saying it was a verbal agreement ? how do i find out if her name was on the bank account also?the sister who died was always changing it.
2006-12-23 17:52:34 · 9 answers · asked by merillo5 4 in Politics & Government ➔ Law & Ethics
It all has to go to probate
2006-12-23 18:48:13 · answer #1 · answered by Anarchy99 7 · 0⤊ 0⤋
Ther is no such thing as a legal verbal POA. Sorry for her. Power of attorney terminates at the instant of death. Even on in writing. The Estate must be probated. The will, if there is one will stipulate the EXECUTOR/TRIX. If there is no will, the the court must be petitioned for appointment of same. The petition must spell out all heirs living and dead with their surviving offspring. As one of the other answers said - "verbal is as good as the paper it was written on" to which I (and the law add - POA terminates upon the death of the grantor. Regarding the Estate - the will decides. If no will, the laws of the state where the woman died/resided decides the apportionment of the Estate to the heirs/survivors. NOTE: if a sibling died, there may (will) be a set-aside apportioned for the issue (children) of the sibling.
2006-12-23 21:05:12 · answer #2 · answered by rockwaterblue 1 · 0⤊ 0⤋
Oh boy! This is a to ugh one, especially when it comes to money within families. Get the bank book so all of you can inspect it and see who is the rightful owner, joint tenant in common, In Trust for and so on. If the bank book is only in your sister's name then you will have to sit down as a decent family and talk out the inheritance. In other words, who gets what? The mother let's say 50% and the others a division by the number of relatives involved. Arrive at your own distribution but don't argue over it. Keeping a family together is much more important than tearing each other apart for money.
2006-12-23 18:24:00 · answer #3 · answered by wunderkind 4 · 0⤊ 0⤋
There is an old saying, a verbal agreement is as good as the paper it is written on. It must be in writing. You need a qualified attorney, whoever has physical access to banking information may start moving money at any time.
2006-12-23 18:03:08 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If there is nothing in writting and all of the parties do not agree on the distribution of assets then, you have right to have her case heard in probate court. If you all agree on how things are divided then there is nothing to do. If there is a disagreement then a probate attorney will charge you as much as 25% of your judgement to have the case heard infront of a judge. An attorney would pull all the financial records from most recent to up to 5 years prior to her death and track her decision making to argue whatever decison they feel is fair and equitable. Power of Attorney cannot be enforced as a verbal agreement. If there is nothing in writting then technically, your mom is in charge of her estate if your deceased sister was not married and does not have any children. If she has underage children then the monies would be in trust or handled by guardian ( self appointed by family or appointed by the court if no one can agree) until they come of age to handle their inheritance.
2006-12-23 18:06:24 · answer #5 · answered by contemplateintention 2 · 0⤊ 1⤋
No paperwork = no access. Verbal agreements in NY, PA and NJ do not jive unless she produces 2 witnesses stating the day and time they were there that your deceased sister said your living sister would be her POA. Get yourself a lawyer. Without a will, the money is now the property of the State of NY and can only be returned through the court system.
2006-12-23 18:03:23 · answer #6 · answered by miladybc 6 · 0⤊ 0⤋
From when we are born we are sinful. The devil rules the world and the hearts of ordinary men (unsaved, men meant as everyone) so it is shown to us a lot in the world. You say we will fall prey to sin and satan...etc, this is still true as a Christian, we will still sin because satan is still trying to get at us all the time. When we "die" (physically, spirit is eternal) we are judged, sinful people to hell and righteous ones to heaven. The difference when we become a Christian is that we don't have to pay the price of going to hell for eternity because Jesus has already done that (not gone to hell for eternity, maybe 3 days, doesn't say that in the bible though so don't quote me!) which means that in Gods eyes, we are righteous and therefore allowed into heaven.
2016-05-23 03:21:50 · answer #7 · answered by Anonymous · 0⤊ 0⤋
A friend of mine had s similar issue, but it was his mother. He had to get a lawyer and they sorted everyhing out properly. That would be the best thing to do.
2006-12-23 22:00:21 · answer #8 · answered by gatorgirl 5 · 0⤊ 0⤋
power of attorney must be in writing
2006-12-23 18:13:24 · answer #9 · answered by John B 4 · 0⤊ 0⤋