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Richard Granat
Richard Granat, Family Law Attorney
Category: Family Law
Satisfied Customers: 11
Experience:  Partner, - a virtual law firm. Author of How to Do Your Own Divorce in MD, DC, VA
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My brother has no will , but has given me power of attorney

Customer Question

My brother has no will , but has given me power of attorney to his checking account and cd's. When he passes on ,am I entitled to the asscets that are in these accounts? Or will the funds go into probate?
Submitted: 7 years ago via
Category: Family Law
Expert:  Richard Granat replied 7 years ago.
I can help you with your divorce and family law issues, including divorce, name change, custody, child support, alimony, MSA, and visitation.

The power of attorney will terminate upon his death. It does not entitle you to his assets. You will have to inherit his assets under his will, or if he doesn't have a will, you will receive what is called a statutory share the amount of which depends on who else survives him.

The only way you can avoid probate and to inherit these funds directly is to make these accounts and the CD, joint accounts or with joint ownership.

If these accounts are owned jointly, the survivor inherits automatically without the requirement of probate.

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