Legal Question in Wills and Trusts in Connecticut

My wife's sister has POA for her mother. She put her name on her mother's bank accounts. If my mother in law passes away, What's to stop my sister in law from spending her money? As far as I know, her estate is to be divided equally amongst her children.


Asked on 6/11/14, 11:20 am

1 Answer from Attorneys

Linda Subbloie Linda A. Subbloie, Esq.

I believe it would depend on how her name reads on the bank account. If it is Jane Smith, POA for Margaret Smith, then she would not have authority to withdraw funds upon the death of Margaret because the POA is no longer valid.

If the account shows Jane Smith and Margaret Smith as joint account holders (without the POA) then the money in the account would go to Jane upon Margaret's death. If this is the way the account reads, then the question becomes, was Margaret competent when Jane put her name on the account AND did Margaret know about it. If not, you would need to file something with the probate court to stop Jane from spending the money or to ask the court to order Jane to return the money if she already spent it.

(I'm using fictitious names, of course)

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Answered on 6/11/14, 11:59 am


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