Q: Is it okay to withdraw money from a deceased person while there's no death certificate issued yet?
I had been the caregiver of an 82yo man who recently passed away for 2 years. I lived in his house with my family (husband & 2 kinds) rent-free. In exchange, I care for him 24/7. I was in-charge even on everything including taking him to all his doctors appointments, contacting the doctors if he was ill, taking him to ER etc. We were his only family since he was estranged from his children.
He left a will stating that he is giving a $10,000 gift to me, which all the money he got at the end of his life & his car. I have all his debit cards with the money in it. My question is, can I withdraw the money in his debit cards before his death certificate is issued (he has not been cremated yet) so it's easier for me to not go through all the long process? Is that okay and will not get me into trouble or should I wait to for the will to go to probate court? If it goes to probate then not much would be left, I guess. I also have the POA for finance prior to death.
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- Answered
A:
No, you should not withdraw money from the deceased person's accounts, even with a previous POA, as this could be considered financial elder abuse or theft under California law. Your Power of Attorney automatically terminated upon his death, which means you no longer have legal authority to access his accounts or make financial decisions on his behalf.
The proper legal process requires waiting for the death certificate and then following probate procedures, even if there is a will naming you as a beneficiary. Under California Probate Code, the estate must first pay any outstanding debts, taxes, and funeral expenses before distributing gifts to beneficiaries. Taking money before these obligations are met could expose you to criminal charges and civil liability.
Your best course of action is to wait for the official probate process and work with the executor of the estate (or petition to become the administrator if none was named). While probate fees will reduce the final amount you receive, trying to circumvent the process could result in much more serious consequences, including potential felony charges for embezzlement or theft from an elder's estate. You should secure all financial cards and documents and consider consulting with a probate attorney who can guide you through the proper legal steps to claim your inheritance.
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