Warren, NJ asked in Elder Law, Estate Planning and Probate for Virginia

Q: My 89 year old Mother passed away on Sept. 3, 2014 with no will. I cared for her until she passed away.

I had a durable POA to handle her medical and other affairs and her bank accounts had a POD. I took her back to England for burial and her accounts had no additional funds after the cost of the funeral etc....I contributed to her home health care costs and funeral costs. My Mother was due a small refund from the home health care agency with the check being made out to "The Estate of..." as some payments were dispersed from my Mother's checking account. They requested a release be signed before issuing the check. What do I need to do in order to execute the release and handle the funds? Thanks for any information you can provide.

1 Lawyer Answer

A: You probably shouldn't be doing any of this. A power of attorney does not allow you to reconcile a deceased person's estate. The only person who can do that is the Administrator, appointed by the court in instances where there are no wills. Seek out a Probate attorney soon.

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