QUESTION
POA and parent's attorney opened bank account together as joint tenets with right of survivorship
Asked on Mar 10th, 2016 on Wills and Probate - California
More details to this question:
POA and attorney who was the personal representative opened bank account together with money while the parent was living and the POA is claiming the money. All the other assets were designated to named beneficiaries divided evenly. Attorney who is the personal representative did not disclose that the POA had engaged them to represent him and did not notify the other heirs who believed the attorney were representing the estate. Is this legal and ethical? Can an attorney help?
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
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Price Law Firm, APC
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The power of attorney terminates upon the death of the principal. If the money belonged to the principal, then it must pass under the principal's estate through a trust or probate. However, if the account had a named beneficiary or if the account was held in joint tenancy with right of survivorship, then it may not pass under the principal's estate. Call or email an attorney for a full consultation.
Answered on Mar 11th, 2016 at 6:06 PM