QUESTION
When a perosn is power of attorney over a trust and the person dies. When does the power of attorney ends and the will is read?
Asked on Feb 08th, 2012 on Trusts and Estates - Alabama
More details to this question:
My sister had power of attorney over a trust for my father and he died this past monday. I would like to know when this authority is ended and if she is co-owner of his bank account when does this stop and the assets are distributed among the siblings via the will. Does this perosn have the right to pay her bills with my fathers checking account when he is not living in her house?
1 ANSWER
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A power of attorney is no longer valid as of the date of death.
If she is the co-owner of any bank account, the assets are now legally hers and do not pass to a trust. If you believe these accounts were created for convenience, you have the right to contest the passing of these assets in court.
If there is an adversarial relationship, I was suggest that you hire an probate/trust attorney who can best represent your interests as a beneficiary of your father's estate.
Answered on Feb 13th, 2012 at 1:17 PM