Yonkers, NY asked in Probate for New York

Q: how can I get access to my mom's estate?

my mom died and 2 long time family friends got power of attorney before her passing. they got POA when she was already sick with dementia this was done without me knowing. they put her in a nursing home without me know and wouldn't tell me where she was until she was there a month and a half. they supposedly paid for 10yr for her to be at the home and she wasn't there ever a whole year. and to do that they withdrew $400,000 something thousand from her 401k. I saw a statement from fidelity when my son was staying in my moms co-op before they threw him out. I've done some research and POA has no legal standings once the person dies I am the only child my mom was not married how do I get her bank account, 401k her co-op etc. I am the next of kin not them do they get to keep everything?

I need help and advice on what to do this is not right

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: You need to petition to be administrator of her estate and then sue the friends.

Elaine Shay
Elaine Shay
PREMIUM
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: You are correct that a POA terminates upon the grantor's death. If your mother had a will, the executor can probate the will in Surrogate's Court. If there is no will, you can commence a proceeding in Surrogate's Court called and Administration and request appointment as the Administrator of your mother's estate. Once appointed, you may be able to commence proceeding for any misappropriation of funds from your mother before her passing.

Benjamin Z. Katz agrees with this answer

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