Q: Mother's will was in NC but she moved to NY 6 mos. ago. Assets are in mutual funds and bank account. Do I need a lawyer?
I am named as executor. I am not on her bank account as joint owner but through power of attorney had access to her accounts.
A: A Power of Attorneys become invalid upon the grantor’s death. To have the power to act with respect to assets in your mother’s name, you would need to be appointed by Surrogate’s Court as her executor
Nina Whitehurst agrees with this answer
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A: The POA is ineffective after death. You need to probate the Will to gain access to her accounts. You can do it yourself but it is generally wiser to have an attorney help you so there is less chance of mistakes.
Nina Whitehurst agrees with this answer
A: Did she pass away? If not yet, you do not need a lawyer. Make sure you are the beneficiary on all accounts. If yes, and you are not the beneficiary, then as she died a NY resident, you probate the NC will in NY. NY recognizes the NC document.
Nina Whitehurst agrees with this answer
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