Q: My grandma and dad passed away , she has POA I am his daughter but not his POA. Can I access saving bonds info, amount?
A:
Dear Santa Clara:
Even if you were your father's Power of Attorney, you would not be able to access his savings bonds and other accounts as a power of attorney terminates upon the death of the principal.
Unless there was a trust involved, and you were the successor trustee, you will need to follow the proper procedure to gain access to the accounts. If your father's entire estate is valued at over $150,000 (that is the gross amount, you do not deduct for any loans or mortgages), you will need to request appointment as his personal representative. (Administrator or Executor.)
If it is under $150,000, there may be an alternate procedure that will apply, but which "short form" probate is available will depend on the facts of your situation.
This assumes of course that your Father died a resident of California, or owning California real property. (Probate Law is state specific, and jurisdiction is based on the state of residence at death or the location of real property owned by the decedent.)
I recommend you discuss this in more detail with a qualified probate attorney. If you do not know where to find one, you may try a local county bar association. Most California county bar associations run an attorney referral service that matches you with an attorney who provides a consultation for no or a nominal fee.
I am sorry for your loss and wish you the best.
Bill Sweeney agrees with this answer
A: A power of attorney terminates upon the principal’s (creator's) death. This means that at the time of the principal's death the person(s) selected as agent(s) under a power of attorney is/are not legally able to use the power of attorney to access financial assets in the principal's name.
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