Alvin, TX asked in Banking and Probate for Texas

Q: Re: Power of Attorney for a parent. My mother had accounts/investments with a local bank. Some of the accounts had

all of the children's name on the account. Can the individual with the power of attorney go in and close those accounts or remove the money WITHOUT the signatures of the other children?

Related Topics:
1 Lawyer Answer
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: It depends on whether the accounts were convenience accounts (children's signatures for the mother's convenience only but all her money), pay-on-death accounts (pay on death to the children but all the mother's money) or joint accounts (jointly owned by the people named, whether or not joint with right of survivorship on the death of someone else named).

Please also note the the mother's Durable Power of Attorney loses its legal effect with her death.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.