She did not have a will. My sister was poa, but at our mother's passing that became null and void and she has been told that she cant get to our mother's money left in her checking account. Does anyone know a way to close my mother's account? We could really use some help.
2007-03-04 13:42:36 · 10 answers · asked by mpoole_67 1 in Business & Finance ➔ Personal Finance
A power of attorney is revoked by the death of the grantor. The assets of the decedent may be obtained by the representative of the estate. In the absence of a will, the next of kin petitions the probate/family court in the jurisdiciton where the decedent resided, to obtain documents ("letters testamentary") that authorize the individual to collect assets of the decedent to be marshalled in distributing the estate. This is not a difficult process, and a lawyer can help but is not always necessary. If no representative of the estate appears to claim the money from the bank account within a specified time period, the bank will turn the money over to the state in a process called escheat.
THe bank will only deal with an authorized representative of the estate.
Good luck.
2007-03-04 14:04:30 · answer #1 · answered by Anonymous · 1⤊ 0⤋
You will have to go through the probate process. Depending upon the number of assets and liabilities she left will determine how difficult that will be. The process can also be very easy or very difficult depending upon the state you live in. Generally, states will have the process for probating a "small estate" which is not very burdensome. You may not need an attorney to accomplish this.
Some states have "how to" guides which they publish. Maryland has one on its Maryland Registrar of Wills website.
I'm assuming there are not many assets since you have waited four years, but if there are other assets, such as a house, then you will have to go through the process eventually anyway.
Though, after four years, your bank may not even be holding the money anymore. It very well could have been transferred it to the state's unclaimed property. I'd check out your state's unclaimed property website under your mother and/or father's names. You may find many assets, in addition to the bank account, there if you have waited this long.
2007-03-04 14:33:27 · answer #2 · answered by MDHarp 4 · 1⤊ 0⤋
Someone must have power of attorney and then can get access. The idea that the POA became "null and void"--sounds very suspicious. When my mother died, she left her husband as POA. But he immediately had a stroke and became debilitated. I hired a local lawyer, and easily got POA. I think you need to call your State's Attorney General's office. Someone there will be able to help you find out how to get the POA or how to force the bank to respond. Good luck.
2007-03-04 13:49:55 · answer #3 · answered by KathrynCK 2 · 1⤊ 2⤋
was there an administrator of the Estate appointed when your mother passed? if there was, then that person can close the account and do what the wishes were with the monies..if not you will have to obtain an attorney .
2007-03-04 14:28:52 · answer #4 · answered by lostgamegirl 2 · 0⤊ 0⤋
You can just show them a death certificate.
That will usually resolve closing the account as for POA
thats for the court to decide if there are legal issues with the estate. Not the banks decision
2007-03-04 13:52:53 · answer #5 · answered by Anonymous · 1⤊ 1⤋
If you know the account number, order a box of checks from one of those places online.
Then, after the checks arrive, write one out , made out to you, for the amount you know is in the account, sign your mothers name and deposit it into your account.
Thats what I did ... except I left $5 in the account for the siblings to fight over.
2007-03-04 14:16:15 · answer #6 · answered by Chris C 5 · 0⤊ 2⤋
did she have a spouse? check with an attorney and see if you have to go to probate court to close her accounts. check with the legal aid society to see if they could help you in this matter. ask to talk to someone at the bank and see if they could direct you in what course you may have to take. good luck...
2007-03-04 13:49:26 · answer #7 · answered by jwelch1157 2 · 2⤊ 0⤋
the bank has no desire to keep the funds bring in a death certificate to the bank manager there will probably be some forms to fill out the bank can direct you with the appropiate paperwork they should release the funds to the deceased either spouse or surviving child.
2007-03-04 13:54:18 · answer #8 · answered by clever1 7 · 0⤊ 1⤋
you will need to hire an attorney who specializes in estate's, you need to go through probate court so that her estate can be settled. If she was widowed then her estate will go per stripes to be divided evenly.
2007-03-04 13:49:39 · answer #9 · answered by jojo 6 · 2⤊ 0⤋
talk to the bank where she had her account at and tell them you would like to close the account out...
2007-03-04 13:53:01 · answer #10 · answered by geostrom b 4 · 0⤊ 1⤋