Legal Question in Wills and Trusts in Colorado
Power of attorney
My son died 5 months ago, he was 23 years old. He had a check from his job that was made out to him. It was given to the funeral home but it can not be cashed because neither I or his father has power of attorney and his income tax needs to be applied also to my son's funeral bill. How do we go about getting the power of attorney and how much does it cost?
1 Answer from Attorneys
Re: Power of attorney
Since your son has passed away, you cannot obtain any Power of Attorney. However, you might want to consider the use of the Small Estate Affidavit to handle the check and his bank account.
You can go to the bank with a Death Certificate and the Affidavit and see if they will proceed.
However, you should first visit with a qualified estate attorney to determine the proper courses of action. This will assist you in obtaining the Affidavit and in providing the proper information and documents to the bank and even to determine whether your son's estate can be administered using the Affidavit.
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