Q: Mom passed 2 yrs ago. Her bank will not allow us the money in her account with her death certificate even though my brot
My brother had power of attorney. Do we need a lawyer for this and would this be expensive for a lawyer to handle or could we do this on our own
A:
You may be able to file an Affidavit of Small Estate at less than half the cost of a full probate. Discuss your mother's property with a local probate lawyer.
Powers of attorney become ineffective when the person who granted them dies.
Matthew Valley agrees with this answer
A:
Power of Attorney dies with the person; official power over the estate is established through a probate action. Some banks will allow "Affidavit of Heirship" to recover funds and many will tell you the wrong thing, i.e. Letters of Testamentary when there is no will.
A lawyer should not cost much to assist you and as my colleague stated, it should be at least half the cost of a complete probate. Consult with a lawyer for further direction.
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