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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 35836
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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How can I obtain a power of attorney document if my om is

Customer Question

how can I obtain a power of attorney document if my om is deceased
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: Alabama
JA: What documents or supporting evidence do you have?
Customer: death certificate
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 6 months ago.
Category: Estate Law
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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A power of attorney is void as soon as the grantor passes so you can't have one for someone who is deceased..

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If you can tell me what it is that you are trying to accomplish, I can see if I can help get you there..

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thanks

Barrister

Customer: replied 6 months ago.
I need to see if my mom has any more benefits & need to close her bank account
Expert:  Barrister replied 6 months ago.

Ok, if she has passed, then you would need to file a probate case to settle her estate. If her estate is under $28,000 and there was no real estate, you can file for summary administration, which is a streamlined probate for small estates that doesn't require all the paperwork of a larger estate.

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The following conditions must be met:

  1. The value of the entire estate consisting of personal property does not exceed $28,000.00, as adjusted.
  2. The petitioner must be the surviving spouse or distributee.
  3. The decedent must be a resident of Alabama.
  4. No other petition has been filed or granted.
  5. At least 30 days must have elapsed from the date of publication before the petition can be granted and the order issued.
  6. All funeral expenses must be paid (or arrangements made for payment).
  7. The decedent owned no real property at the time of his or her death for which title does not pass by operation of law.
  8. All claims against the decedent’s estate have been paid or arrangements have been made for payment.

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Once the petition for summary distribution is approved by the court, you can give copies to anyone holding assets and then take possession of all mother's assets and then distribute them to her heirs.

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thanks

Barrister