State College, PA asked in Estate Planning and Probate for Pennsylvania

Q: Our father died intestate in Pennsylvania. How do we claim remaining assets?

He required round the clock nursing care so was in a nursing home. My sister had POA and we had to liquidate his assets to pay medical bills. One investment firm, Putnam, refused to recognize the POA while he lived, and even though our father passed in 2009, they still hold onto this one remaining asset.

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2 Lawyer Answers
Michael Cherewka
Michael Cherewka
Answered
  • Estate Planning Lawyer
  • Wormleysburg, PA
  • Licensed in Pennsylvania

A: As a group you and your siblings are eligible to be granted letters of administration and open an estate. May be easier for one of you to apply for letters of administration and the rest to renounce. You can then open an estate account and collect your fathers assets and pay outstanding bills, taxes, etc

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Probate Lawyer
  • Boyertown, PA
  • Licensed in Pennsylvania

A: I agree with the prior answer by counsel, with a caveats.

When someone, e.g., a bank, a custodian of accounts, refuses to honor a POA, the time to resolve that issue is while the grantor under the POA is still alive. Powers of attorney, even the "durable" sort, expire at death of the grantor, at least to those who know of the death.

Your question, like most, leaves much unsaid. Speak to an experienced attorney licensed in PA about your issues, who will examine your full plate of issues, for the best answers.

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