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Do I have to have a death certificate to open a bank account if I have the power of attorney?
7 ANSWERS
Glen Edward Ashman
If someone died, his power of attorney died with him. It's void.
Answered on Dec 27th, 2011 at 10:04 PM
Criminal Defense Attorney serving West Allis, WI
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Glojek Limited
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Power of attorney is worthless upon death. The personal representative can close a bank account and move the funds to an estate account.
Answered on Dec 27th, 2011 at 3:13 PM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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A power of attorney ceases to have any legal effect as soon as the maker dies. To deal with the account legally, you should be an account signer, the named pay on death beneficiary, the court appointed executor (being named in the will does not give you any authority until it is probated), or file a small estate affidavit if the estate is small enough.
Answered on Dec 27th, 2011 at 3:08 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If the principle has passed away, your power of attorney is no longer in force. In order to deal with the decedent's bank accounts, you need to be appointed personal representative (executor is the old term) and present the bank with a death certificate and your Letters Testamentary (issued by the court).
Answered on Dec 27th, 2011 at 2:32 PM
I am assuming that you are in Oregon and that Oregon law applies. Your question does not make sense as you have stated it. Death revokes all agency including powers of appointment. If the grantor of your power of appointment died, the power of appointment is no longer effective. If the person who died left a Will, you may be nominated as the personal representative in the Will. If so, you can probate the Will and be appointed the personal representative by the court or prepare a small estate affidavit if the estate is not composed of too much in assets and is simple enough.
Answered on Dec 27th, 2011 at 2:16 PM
A power of attorney expires upon the death of the Principal (the person who nominated you as the agent). After the death of Principal, someone would need to be named as the Personal Representative ("executor") of the estate in order to have authority to gather and distribute the assets. I recommend you speak with a probate attorney who can assist you in determining your best course of action.
Answered on Dec 27th, 2011 at 2:10 PM
Ancillary Probate Attorney serving Dallas, TX
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Burdette & Rice, PLLC
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Powers of Attorney are terminated by the death of the principal. After that person dies, a Power of Attorney should neither be used or accepted. An executor, administrator or personal representative of the decedent's estate, has the authority to act with respect to an account owned by the decedent. In virtually every case, this person must actually be appointed (by the Court) to this position. Many individuals believe that this authority simply springs from the Will itself, without the Court's involvement, and they are wrong. Once appointed, the executor will typically need to show proof of his or her appointment to the third-party (like a bank). Letters Testamentary are routinely issued by the Clerk to demonstrate evidence of this appointed authority, and these Letters are typically all that is required, although some financial institutions might also request a Death Certificate.
Answered on Dec 27th, 2011 at 2:09 PM