Legal Question in Wills and Trusts in Florida
Power of attorney and death
I was POA of my fathers affairs, medically and financially. Upon death of my father I submitted POA, death certificate, and the last will of testiment listing me as executor, to Bank of America to close his account. I received a call stating I had no legal right to his remaining account balance or to close his account. Bank of America was going to keep my fathers account balance. I then wrote a letter sending copies of the above only to receive a letter stating I needed original court documents for proof. I dont unerstand what else I could have provided them. My question is what would be my next step? My father lived in the state of Florida and I live in Indiana so I am trying to handle this without the expense of travel.
3 Answers from Attorneys
Re: Power of attorney and death
Your POA became invalid on his death. You will need to be appointed personal representative of the estate in Fl.
Re: Power of attorney and death
In order to open your dads estate you need to retain a florida atty to probate his estate.If you want me to represent you e-mail me a phone # to call you tomorrow.
Re: Power of attorney and death
Both of the other answers are correct. A power of attorney "dies" when the maker dies. A Will is only valid after a judge in the county where your father lived admits it as his Last Will And Testament. Without that, Bank Of America does not know whether what you are showing them is his LAST Will and Testament. You will have to go through that process, which is called probate. If the assets are less than $75,000, you may be able to go through a simpler and less expensive probate called Summary Probate.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
