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Jack R.
Jack R., Attorney
Category: Estate Law
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Experience:  Part of the 'Save the Dream
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I have a bank POA on my aunts account, and am also the executor

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I have a bank POA on my aunt's account, and am also the executor named in her will and sole heir. May I write checks on her account now that she has passed away, just as I was able to do before she died?
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I am sorry for your loss. It is always difficult to lose a loved one.

Your power of attorney would end once your aunt passed away. You would no longer be authorized to write checks on her accounts unless you were a joint owner, or had survivorship rights on those accounts e.g. POD. While the Will states you are the executor you may need to submit the will for probate and get letters appointing you legally as the executor. The money in the deceased account could then be placed in an estate account. You should check with the bank and see how much legal paperwork they will required to allow you to get money from the account. Some banks are a little more lax than others with respect with authorization to withdraw funds from a deceased's account.

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