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my sister had power of attorney over my fathers and mothers…

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my sister had power of...
my sister had power of attorney over my father's and mother's joint checking and savings accounts. my father passed away in sept of 08, was my sister and her husband legally allowed to borrow money from those accounts after my father passed away ???... Read full answer
my sister had power of attorney over my father's and mother's joint checking and savings accounts. my father passed away in sept of 08, was my sister and her husband legally allowed to borrow money from those accounts after my father passed away ???
Submitted: 9 years ago.Category: Legal
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Answered in 4 minutes by:
6/27/2010
Lawyer: Dave Kennett, Lawyer (JD) replied 9 years ago
Dave Kennett
Dave Kennett, Lawyer (JD)
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Satisfied Customers: 27,690
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Dear JACUSTOMER - She would be legally allowed to borrow money from those accounts at any time. Just because she had a POA does not give her the right to use your parent's money as her own and any loan would have to be approved by your parents. A POA ceases to exist once a person dies so she certainly would not be able to use it after death.

 

I'm not certain what happened to your father's estate after he died or if the accounts were transferred to your Mom. If that was the case then the POA could have been used for your Mom's account but not to borrow money without her permission. This is fraud.

 

Dave Kennett

Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27,690
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Customer reply replied 9 years ago

they were joint accounts with direct deposit pension and ss benefits so nothing changed when he died. my sister had a durable poa thru the bank. thats it. she did use money for her own personal use and did borrow about $20,000 after his death. my mother says she only lent some of the money.

 

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