Q: My father passed away, I have a notarized will and POD form but didnt turn into bank. Can I access his account
The will and the banks POD are dated and notarized before his death. I am the sole beneficiary, I also had a finanncial and health POA while he was alive. I have his debit card and PIN. I paid for the cremation using his card. I am assuming since I have a singed and notarized POD form naming me as successor for his bank account I am OK? I am still awaiting the official death certificate before approaching the bank.
Thank you in advance.
A:
Unless the decedent's bank is unlike all others I have worked for or have advised, I doubt they will accept a POD dated before his but not physically given to the bank until after his death. Why?
Because all banks are required to protect all their depositor's accounts from any attempts by anyone other than the owner of the account to withdraw any money unless that person is previously known to the bank.
Think about how you would react if you found out a stranger presented the bank with a forged POD and the bank let that stranger walk off with all the money in your dad's account.
You are going to have to open a Probate case for your dad's estate and present all your stuff to the court.
Phillip William Gunthert agrees with this answer
A: I am very sorry for your loss on the passing of your father, please accept my condolences for you and your family. The Power of Attorney ends on the date of death of your father, so that document is no longer of use. The Will should be copied and the original submitted to the clerk of the court in the county where your father was domiciled as a Florida resident (Florida Statute says you must do this within 10 days of death but no one will hold you to that timeline). The POD will likely be ignored but you can and should check with the bank, POD is usually signed and submitted by the account holder during life, trying to make changed and submit it after the fact is unlikely to work and unlikely to be accepted. I would encourage you to speak with and work with a Florida Probate Attorney, you can provide additional details and specifics and the attorney can more precisely advise you on the type of probate that is likely required based on the type of estate assets and what their overall value is that will need to be probated. In addition, in most situations a Florida Probate Attorney is needed anyway and or even required because issues related to homestead property and other matters in probate can be quite complicated and tricky to deal with.
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