How do you get a bank account unfrozen after a death?

Question

I had power of attorney, so how do I get the money?

Robert Long · Answer

In California, a power of attorney expires when the principal dies. However it may be considered evidence of what the decedent intended to happen at his passing. If the account was set up to provide a beneficiary or pay-on-death direction, that will control. Otherwise it will be covered by a will or, if titled in the name of a trust, as the trust directs. It may even be governed by a trust if not titled in the name of the trust if the trust or trust attachment indicates that was the intention. If no will or trust, it would go to the account-holder's heirs under the laws of intestacy.

Shadi Ala'i AlaiShaffer · Answer

Depends on a number of things so it is difficult to answer this question without more information regarding the person that passed the account, their assets, etc. You may want to meet with an attorney for a consultation.

Paul Nidich · Answer

The Power of Attorney is void after the death of the maker.  You need to open a probate estate and get a tax release from the county auditor.

Thomas Edward Gates · Answer

You need to be appointed administrator of his estate.

Gerald Bagazinski · Answer

The power of attorney is not valid after an individual dies. You need to open a probate estate unless there is a joint owner on the account.

Dara J. Goldsmith · Answer

The power of attorney died with maker.  The monies will need to go through probate unless someone is named as the beneficiary on the account.  I suggest you speak with an attorney.

Randy Harvey · Answer

Power of attorney ceases upon the death of the account holder. You will have to probate the estate in order to get access the deceased's assets.  This advice is based on the limited facts that you have provided, additional facts may change the advice. We are not providing you legal advice, rather we are responding to your set of facts based on general legal principles. You should not rely on this information without consulting an attorney and providing the attorney with a complete set of facts. We provide a reduced rate initial consultation for $35.00, if you would like a more complete answer. We are not representing you in this or any other matter, unless and until you and we have entered into a written agreement for services.

Victor Waid · Answer

Power of attorney died at death of the giver of the power to you. The money in the account can only be paid to you by the bank only if you were a pay on death beneficiary or a joint tenant and signatory on the account; the bank will require identification, social security number, and death certificate.

James Oberholtzer · Answer

Your POA is no longer effective.  It is revoked by death.  To unfreeze the bank account you need either a small estate affidavit or a probate estate.

Darin Christensen · Answer

The power of attorney ceases to have legal effect on death of the represented person.  If the bank account had a joint owner or a pay on death designee, the bank will pay the account to that person after receiving their paperwork.  If there was no beneficiary, there is an affidavit procedure that can be used if the aggregate bank account balances are less than $25,000. Otherwise, you will have to do a small estate affidavit or probate.

Brian Haggerty · Answer

Start a probate. If there are not enough assets to justify probate, consider a small estate affidavit.

Norman Green · Answer

A power of attorney is no longer valid after the death of the principal.  The account is included in the probate estate, which will be distributed in accordance with court order.  If the total estate is all personal property (no real estate) and is valued at under $150,000, then you may be able to use an affidavit for collection of small estate instead.

James Frederick · Answer

A probate estate must be opened, if there is more than $20,000 in assets. If the assets are less than $20,000, then there are small estate procedures which can be used to lessen or eliminate the need for probate.

Edward Olson · Answer

All "powers of attorney" terminate at death.      You must now open a probate estate in order to get to the money in the account.

Ben Liu · Answer

You will need to start a probate.  The power of attorney is no good after death.

Edwin Fee · Answer

The power of attorney terminated upon death.  An estate needs to be opened.

Jeffrey Gottlieb · Answer

Power of attorney no longer has effect after the principal's death.  If the account is in the decedent's sole name, then you need to either provide a small estate affidavit, if applicable, or go to court to open an estate and obtain letters of office.

Edward Armstrong · Answer

A power of attorney doesn't necessarily give you any rights to the property and assets of the person who granted you that power.  The authority under the power of attorney terminates at the death of the person granting the power in the first place.  The money in an account is usually not "frozen" at the death of the account owner but you simply may have no right to that property unless your name was on the account or unless the account was "POD" (payable on death to you) or "TOD" (transfer on death to you).

Leonard A. Kaanta · Answer

The power of attorney is no longer valid, you must probate the estate in probate court.

Jayne Sebby · Answer

Unless your name is on the account, only the executor or personal representative can have access to the funds.  Power of attorney ceases at the moment of death.

Gregory Herman-Giddens · Answer

Powers of attorney are not valid after death.  If the decedent did not have a will, someone, usually the next of kin, will need to apply to the court to become administrator.  Then any accounts can be accessed.

Richard Keyes · Answer

A financial power of attorney is void upon death.  You need to see an attorney to open up a probate estate.  Depending on the value of the bank account, there may be several procedures available to use to shorten the probate process and not have to open up a full probate estate.  Please see an experienced probate attorney for this matter.

Andrew Byers · Answer

Powers of attorney cease to have any effectiveness as soon as the principal, the maker of the document, passes away.  If the bank account is solely in the deceased person's name, you may have to open his/her probate estate to access the bank account funds.

Kenneth Gold · Answer

If no one else's name is on it, it will have to go through probate.

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