Lehigh Acres, FL asked in Estate Planning and Probate for Florida

Q: My dad left a checking account with $3000 in it. My sister is listed as POA on the checking account do we need probate?

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2 Lawyer Answers
Jennifer Isaksen
Jennifer Isaksen
Answered
  • Estate Planning Lawyer
  • Bushnell, FL
  • Licensed in Florida

A: I am sorry for your loss. The POA expires upon death, so you will need to file a probate to get a court order to release the funds. You should schedule a free consult with a probate attorney. Best of Luck! Jennifer

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Estate Planning Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: If POA stands for power of attorney, then that authority ended upon your Dad's passing. If on the other hand your sister is listed as POD, which stands for payment on death, then you would just need to provide the bank with a death certificate.

If no one is listed as a POD, then you will likely need to probate the estate. An account of this size if the estate does not have any other asset would likely qualify for disposition without administration. I suggest that you consult with a probate attorney in the area near where your dad lived at his passing to determine what steps need to be taken.

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