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My mothers brother died leaving my grandmother beneficiary on a savings account, but she died also, leaving my mother beneficiary for her estate. we just want to know if if she has any legal right to that account.

2007-06-02 19:44:43 · 4 answers · asked by cecilia78014 2 in Politics & Government Law & Ethics

There is no will and my mother is the only next of kin for my grandmother. My uncle had no children and his wife if dead. the only reason i ask this question, is because the bank is saying that she has no legal claim to this account and cannot ask about this account.

2007-06-03 03:00:09 · update #1

4 answers

Power of attorney ENDS WHEN the person DIES. Think about it, a power of attorney allows you to take actions in a persons name. If they're dead they can't take any action, thus you can't take action in their name since they couldn't do it.

Also to answer your question insurance has nothing to do with power of attorney. Your mother's brother's account is now her since the grandmother passed away, and anything she had (brother gave it to her) is now the mothers. Note that the estate must be settled (meaning all her debts paid) before your mother can inherit.

2007-06-02 21:28:15 · answer #1 · answered by caffeyw 5 · 1 0

Being beneficiary of an ins policy does NOT give you power of attorney. Also, there is no such thing as power of attorney of an estate. There is an executor and administrator.
If your mother is contingent beneficiary, then, yes,she is entitled to the account. If not, it goes to the estate.

2007-06-02 19:53:06 · answer #2 · answered by TedEx 7 · 1 0

No. You do not automatically have power of attorney which is, I believe, held for a living individual.

Since your grandmother's/uncle's estates include the savings account, they will be probated, unless there was a will.

2007-06-02 20:01:10 · answer #3 · answered by granniegrump 3 · 1 0

Nay, Nay, any power of attorney expires when they person who authorizes it dies. The executor is the one who handles the affairs of the estate.This person is designated in the will.

2007-06-03 01:19:18 · answer #4 · answered by WC 7 · 1 0

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