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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35309
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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We are cashing HH bonds. My husband can not write due to

Customer Question

We are cashing HH bonds. My husband can not write due to physical impairment, I sign the bonds that are in the Faytinger Family Trust, he is the Trustee. I have Durable Power Of Attorney and he has a Doctor's statement that he is mentally capable. . The governrment will not accept my signature. My husband died Oct 19th, 2015 the bonds were received at Treasuriy Securities on August 11th, 2015. They notified me on Oct. 30th 2015, thay I needed to have the Trustee after his death to okay the transaction. How could I know that when they were holding the bonds all that time.
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry for your loss. My goal is to provide you with excellent service today.

The reason that the POA from your husband was not accepted by the Treasury Securities office is that your husband did not own the bonds, rather the Trust owned them, and your POA did not appoint you as an agent of the trust but only for the trustee. He didn't have the right to assign a successor trustee---which is what you were essentially doing with the POA---unless he changed the wording of the trust.

You will need to get a local probate attorney to prepare a Successor Trustee document so that you can be named as the successor trustee of your husband's trust. That document along with the death certificate will allow you to negotiate the HH bonds on behalf of the trust.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best in 2015,

Doug