Estate Law
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Answered in 2 minutes by:
6/6/2012
RobertJDFL, Attorney
Category: Estate Law
Satisfied Customers: 17,656
Experience: Experienced in multiple areas of the law.
VerifiedThank you for your question. I appreciate your patience while I researched and typed out your answer.
I'm so sorry for your loss. The Power of Attorney immediately terminates on the death of your mother, yes. Thus, the person acting as executor, once appointed by the court, would have authority to handle affairs.
If you have concerns that your brother is going to try to access the bank accounts, I would immediately contact those banks and inform them of your mother's passing --as if they don't know, they would have no reason not to stop your brother from accessing the account. You will likely need to provide the bank with a copy of a death certificate so they have proof of her passing.
If you need clarification or further information, you can always REPLY to my question before rating my service today.
RobertJDFL, Attorney
Category: Estate Law
Satisfied Customers: 17,656
Experience: Experienced in multiple areas of the law.
VerifiedRobertJDFL and 87 other Estate Law Specialists are ready to help you
That I would talk to a lawyer about. It's one thing for your brother to access to whatever monies were in the account the day your mother died if it was jointly owned, but he shouldn't be the only one entitled to distributions flowing into the account. And, I have to wonder too --if the checks were being paid out to your mom's name, they really should now be paid to the estate since your mom passed away and shouldn't be getting direct deposited for her as she has passed on.
RobertJDFL, Attorney
Category: Estate Law
Satisfied Customers: 17,656
Experience: Experienced in multiple areas of the law.
VerifiedRobertJDFL and 87 other Estate Law Specialists are ready to help you
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
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