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Roger
Roger, Attorney
Category: Estate Law
Satisfied Customers: 31174
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I need a power of attorney to get possession of my

Customer Question

I need a power of attorney to get possession of my daughter's bank account and car after she passed away last month without a will and I am her closest relative, We also ivied in different states.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: She passed away in Illinois. I live in Ma.
JA: Has anything been filed in civil court? And what documents do you have to help resolve this?
Customer: Nothing has been done because I didn't know what needed to be done .. I did send the car company the death certificate that they requested and they requested the power of attorney,
JA: Anything else you want the lawyer to know before I connect you?
Customer: No thank you.
Submitted: 5 months ago.
Category: Estate Law
Expert:  Roger replied 5 months ago.

Hi - my name is ***** ***** I'll be glad to assist. First, I'm sorry for your loss.

Expert:  Roger replied 5 months ago.

Since your daughter has passed away, it is not possible to obtain a power of attorney for her. A power of attorney is only legally obtainable and legally enforceable if the person is alive and of sound mind.

Expert:  Roger replied 5 months ago.

Instead, you would have to open her estate and be appointed as the personal representative/executrix/administratrix. Once appointed, you could dispose of/transfer her property to her next of kin, etc.

Expert:  Roger replied 5 months ago.

If your daughter's entire estate is worth less than $100,000.00, you could file a small estate affidavit and avoid the full probate process. Here's a good link you can read: https://www.cyberdriveillinois.com/publications/pdf_publications/rtopr31.pdf

Expert:  Roger replied 5 months ago.

Please let me know if you have any additional questions. Thanks!

Expert:  Roger replied 5 months ago.

Hi - I was checking in to see if you need anything further. If so, please let me know. If not, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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