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Unfortunately a power of attorney terminates upon the death of the donor of the power. Therefore the power of attorney that your mother gave you during her lifetime, would no longer be effective to act on her behalf.

Can you tell me how the account is titled – is the account in your mother's name alone or does it name you as a beneficiary

It appears that you will be required to open a probate and be appointed as executrix of your mother's estate

Let me explain.


Simply put, probate is the legal process of wrapping up a person's affairs, such as marshaling the assets, paying bills and distributing assets.


A probate is required if there are any assets in the decedent's estate that do not pass by operation of law. Items that are held jointly with right of survivorship, transfer on death properties and life insurance to a beneficiary pass by operation of law to the survivor and therefore are not considered assets subject to probate. Items that are titled in your mother's name alone are required to go through probate

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