Legal Question in Wills and Trusts in Indiana
Deceased Tax Filing
My father passed away on December 23rd. Although I was his power of attorney while alive, I have no paper like a living will to indicate I was in charge of his affairs when he passed. He had an outstanding bank balance which I am now going to pay with his 2008 tax return which I filed on his behalf. Since the account is closed, it is going straight to bank personnel instead of into the account. When the debt is paid there will be almost 700.00 left. Am I entitled to the remainder? I do have a paper we both signed when he was taken under hospice care stating I was in charge of all of his decisions & care choices. Is that valid?
1 Answer from Attorneys
Re: Deceased Tax Filing
His poa, or consent for you to approve health care treatment, have nothing to do with this. Assuming no spouse, his children would receive the money in the bank account, and there are affidavits that can be prepared to obtain that money by hs children. You'll probably have to ask a lawyer in your area to prepare the affidavit, and the lawyer will have questions about any other assets or debts of the estate.
"Living wills" have nothing to do with property; it is a way to express your wishes about end of life medical care.
Good luck.
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