Q: My husband passed without leaving a will or power of attorney. I want to close accounts that were in his name only?
He has loans etc in his name only, the company won't let me have access to his account without power of attorney letter, he didn't leave one what forms do I need to file to help gain access?
A:
First sorry for your loss. I know this must be a very frustrating time for you.
Once someone passes away a power of attorney would not be valid, even if you had one. What you may need to do is file with the local Probate Court. They will give you a Fiduciary Certificate. You can provide this document to all institutions and in a way it will act like a Power of Attorney.
The process can be very confusing and take quite a bit of time. Most probate attorneys will offer a free consultation to evaluate your situation and let you know if they believe you will need an attorney or can handle it on your own. The Probate Courts are great at helping unrepresented parties. Unfortunately, probate can be tricky and time consuming.
Feel free to call my office and schedule a time to speak in depth.
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