Can power of attorney write check on account after mother dies?
Mom just died. But the bills don't stop. And I have to give the funeral home a check also. Can I write checks on moms accounts after the date she dies?
I withdrew all the money from her checking account as POA the day after she passed to help with funeral costs because her medicaid was denied. She had no will or executor.Should I be worried?
I withdrew all the money from her checking account as POA the day after she passed to help with funeral costs because her medicaid was denied. Should I be worried?
No POA can no longer do anything. You need to Probate the will and get paperwork stipulating you are the executor. Having it stated in the will is not enough. You will need a death certificate and the original will to do this. This will be the "legal" paperwork you need to conduct ur Mom's estate. A bank should not do business without this. Maybe the funeral director will allow u an original to get this done so he can get paid. In my instance, the Surrogate's office kept the original will making a copy they attached to the paperwork allowing me to handle Mom's estate.
I went through this a year ago. Before my dad died, he made me POA and also filled out paperwork at the bank to make me the recipient upon death. However, his accounts were joint with my stepmother who has severe dementia. I had to apply for guardianship which is a long, complicated, and expensive process in my state. A relative loaned me the money for the 10% deposit at the funeral home. Also we showed the funeral home my dad's life insurance policy to prove that we would be able to pay the entire amount.
kfoot1962, only the Executor can set up a bank account for the person who has passed, it would read Estate of_________________, then under that the name of the Executor.
The person who passed, the Will would need to go into County/City/Town probate court. The Executor can use the bank account to write checks for bills, and every penny has to be accounted for thus every bill and copy of the check to be available when the final accounting is presented to the Probate Court. Yes, it does sound like a maze, nothing is easy when a person passes on.... [sigh]
Your power of attorney "dies" with the person. If you are the executor and on the bank account, you can usually still write checks. But if you are not executor and writing checks as power of attorney for a dead person, it's not really legal. Banks are not supposed to honor power of attorney after death.
Hadnuff, I'm so sorry to learn of your mom's passing. I hope you can find some peace and comfort in the coming days, knowing you did all that you could do for your mom. Hugs...
Barbara, I am sorry to learn of your mother's death. I know it's been a long hard road for you, and hope that you're able to find peace as you remember your life with her before the medical issues began.
When I've dealt with funeral homes, they've always understood that funds aren't necessarily readily available. I've kept them advised as to funds that I would be withdrawing, as well as status of other relevant matters, and they've understood. Sometimes it was a week or more before funds were available to pay; there was never any problem.
Perhaps you could just explain the situation to the funeral home. I wouldn't risk problems with your mother's account by writing checks based on authority that's expired.
However, is your brother or are you the executor, and how was the account titled - jointly between your mother and you, payable on death? If the latter, then you can write checks against the account.
You should also let the HO agent know; probably the first question asked is whether or not the home is vacant. The agent may contact the underwriter and grant an extension for payment of the premium, given the circumstances.
It will be a week before I get the death certificates. Would the bank stop payment on a check I write on moms account? Have to bring check to funeral home. Will get death certificates from them. Then go to bank a few days later. The bank will probably know she has died before the funeral home cashes the check. Also her home insurance bill is due real soon. Can I fudge things or do I need to use my one money to pay the bills until bank unfreezes accounts?
NOPE. POA ends at death. Bank accounts are frozen. After death you go to the bank with the death Certificate and the original Will naming you as Executor.
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A relative loaned me the money for the 10% deposit at the funeral home. Also we showed the funeral home my dad's life insurance policy to prove that we would be able to pay the entire amount.
The person who passed, the Will would need to go into County/City/Town probate court. The Executor can use the bank account to write checks for bills, and every penny has to be accounted for thus every bill and copy of the check to be available when the final accounting is presented to the Probate Court. Yes, it does sound like a maze, nothing is easy when a person passes on.... [sigh]
When I've dealt with funeral homes, they've always understood that funds aren't necessarily readily available. I've kept them advised as to funds that I would be withdrawing, as well as status of other relevant matters, and they've understood. Sometimes it was a week or more before funds were available to pay; there was never any problem.
Perhaps you could just explain the situation to the funeral home. I wouldn't risk problems with your mother's account by writing checks based on authority that's expired.
However, is your brother or are you the executor, and how was the account titled - jointly between your mother and you, payable on death? If the latter, then you can write checks against the account.
You should also let the HO agent know; probably the first question asked is whether or not the home is vacant. The agent may contact the underwriter and grant an extension for payment of the premium, given the circumstances.
After death you go to the bank with the death Certificate and the original Will naming you as Executor.