QUESTION
How do I get a power of attorney if the person is already dead?
Asked on Apr 19th, 2013 on Estate Planning - Michigan
More details to this question:
My mother died without a will. I am trying to close her bank account but they said I need to get a power of attorney. How do I get a power of attorney if the person is already dead?
28 ANSWERS
Too late to get POA. You need to probate or similar means of estate distribution procedure.
Answered on Apr 30th, 2013 at 12:49 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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You can't get a power of attorney for a person who is deceased. All powers of attorney expire on the death of a person. Depending on how much is in your mother's bank account you will need to open an estate in the probate division of the circuit court for the county your mother lived in at the time of her death. If there isn't too much in the account you could do a small estate procedure which would require the preparation of an affidavit. You would have to pay your mother's debts to the extent of the value of any assets you received. In any event, you should retain counsel to help you with this.
Answered on Apr 24th, 2013 at 3:02 PM
That is impossible. A power of attorney ceases upon the death of the person who signed it. You need to show the bank a death certificate. If that is not enough, you need a probate court order.
Answered on Apr 23rd, 2013 at 10:09 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You cannot.
Answered on Apr 23rd, 2013 at 2:29 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You cannot get a power of attorney. You must open a probate estate. There are too many factors to talk about. Call the Idaho State Bar and get a $35 for half hour referral. That will probably be enough to figure out what you need to do.
Answered on Apr 23rd, 2013 at 1:26 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It's not power of attorney that you need. You need to be appointed administrator of her estate, or, if the property involved is of less value, then you need to file an Affidavit of Claiming Successor with the court. If the bank account is her only property, and it is less than $25,000, you can make an affidavit to the bank, but good luck getting the bank to acknowledge that process.
Answered on Apr 23rd, 2013 at 12:51 AM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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A Power of Attorney is a document that nominates a substitute decision maker for someone who is alive but unable or unwilling to make their own decisions. There is no such thing as a Power of Attorney for a dead person.
Answered on Apr 22nd, 2013 at 2:52 PM
All POAs end at death. You will need permission from a probate court to settle your mother's estate. If the estate is small, you may be able to be named a special administrator which would allow you to do certain things like close bank accounts. However, if your mother's estate is larger, you may need to be named executor by the court.
Answered on Apr 22nd, 2013 at 2:51 PM
You can not use a power of attorney to close this account. You should consult a probate attorney to determine if a probate is necessary and if not, prepare for you a declaration that will allow you to transfer the bank account.
Answered on Apr 22nd, 2013 at 2:50 PM
Edwin K. Niles
You cant. Often, bank officers ask for documents which are impossible, simply because they are not versed in the legal requirements. They should be asking for Letters of Administration if there is a probate proceeding, or a Small Estate Declaration if there is not. Ask the bank officer to contact their legal department.
Answered on Apr 22nd, 2013 at 2:49 PM
You cannot. The Bank did not understand that she is dead.
Answered on Apr 22nd, 2013 at 2:49 PM
2 Awards
You cannot get a power of attorney if someone is deceased. You must do a small estate affidavit if the value of the estate is less than $150,000 or a probate if it is more that $150,000. If less, review PC 13100 or speak with an attorney. If more, definitely speak with an attorney.
Answered on Apr 22nd, 2013 at 2:46 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The power to issue a power of attorneys died with the person . Banks should stick to lending, and stay out of the legal advice. You will need a small estate affidavit. Seek the assistance of a probate legal counsel to assist you. The bank will need a certified copy of the death certificate and proof of your identity, and that you are the only heir.
Answered on Apr 22nd, 2013 at 2:43 PM
You will have to probate the estate.
Answered on Apr 22nd, 2013 at 2:42 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You were mis-advised. You cannot get POA for a deceased person. Depending on the amount of money in the account, there may be small estate procedures you can use to access the funds. Which procedure would be best, depends on all of the facts of your situation. There is one procedure that does not involve going to court. It is the least expensive and simplest small estate proceeding. The total assets would need to be below $21k for you to use this method.
Answered on Apr 22nd, 2013 at 2:39 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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You can't. The POA terminated at her death. You should be able to close the account and have the funds distributed to her heirs without any court proceedings. Talk to the bank about what they require. It is usually just an affidavit.
Answered on Apr 22nd, 2013 at 2:32 PM
Probate & Trust Attorney serving Seminole, FL
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Law Offices of Phillip Day, P.L.
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Cannot once a person is dead, you have to get a letter of administration from the court through a probate process if you are going to administer the estate.
Answered on Apr 22nd, 2013 at 2:31 PM
Thomas Edward Gates
You do not get Power of Attorney for a deceased person. Depending on whether there is real property (house) involved, you may be able to have access to her account by Small Estate affidavit. You must wait 40 days after the death before you can exercise the affidavit.
Answered on Apr 22nd, 2013 at 2:30 PM
You will have to file a probate case, and be appointed the personal representative of your mother's estate. In your situation that is the only way to obtain the same powers that you would have under a Power of Attorney.
Answered on Apr 22nd, 2013 at 2:28 PM
3 Awards
You cannot. The only way to be given authority is through probate to be appointed as the personal representative.
Answered on Apr 22nd, 2013 at 2:27 PM
You can't. A power of attorney ends when a person dies. What is needed at this point is an order from the Probate Court appointing you as personal representative.
Answered on Apr 22nd, 2013 at 2:26 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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A power of attorney is void upon death. You need to see an attorney about opening up a probate estate so you can close out the bank account. You will need to be able to give the attorney a death certificate of your mother, the names and addresses of all her children, and the name of the bank, the bank account value, whether a checking or saving account and the account value.
Answered on Apr 22nd, 2013 at 2:26 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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The bank is wrong. No power of attorney is effective after the death of the principal. You need letters of administration. See a lawyer to file a petition for probate to get letters of administration.
Answered on Apr 22nd, 2013 at 2:25 PM
Once someone dies, one cannot get a power of attorney for that person. In this case, you will have to get an order from Probate Court to obtain the assets from the bank.
Answered on Apr 22nd, 2013 at 2:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, under the circumstances it will probably be required to open a probate estate. You can get hours of authority from the court but you are absolutely correct that power of attorney is available once a person is dead (and all earlier powers of attorney would be voided on death in any case).
Answered on Apr 22nd, 2013 at 2:23 PM
You cannot get a Power of Attorney since your Mom is dead. You can attempt to use the Small Estate's Affidavit to close the account and if that fails, you will need to open a probate estate.
Answered on Apr 22nd, 2013 at 2:23 PM
Elder Law Attorney serving Auburn Hills, MI
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Byers & Goulding, P.L.C.
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Only a legally competent, living person can make a power of attorney. Since your mother is deceased, you may have to open an estate in the probate court in order to obtain the funds in her bank account.
Answered on Apr 22nd, 2013 at 2:23 PM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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You don't. Powers of attorney are for the living.
Answered on Apr 22nd, 2013 at 2:22 PM