Legal Question in Wills and Trusts in Indiana

Power of attorney

My brother died recently in indiana. I live in another state. He appointed a cousin to be power of attorney,(going on her words). I need to know if she has control over his assets (credit union and bank accounts.) what does the job of power of attorney entails. i know he had money in his credit union and bank account. but i cant get any information on how much. he didn't have a will. can you help me. i believe im being swindle.

thanks


Asked on 12/15/03, 7:04 pm

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: Power of attorney

If your brother's estate is valued at more than $25,000 a personal representative must be appointed to collect the assets and pay the bills. If your brother did not have a will, then his estate descends by intestate succession and who inherits depends upon whether he was (1) married when he died, (2) had children surviving him, (3) had parents and/or siblings surviving him. A person appointed by a power of attorney to act for the person who made the appointment is called the attorney in fact. The power of the attorney in fact ends with the death of the person who made the appointment. You need a little more information about whether your brother had a will or not or who would stand to inherit. Also, if his bank accounts had someone else's name on them with his, then this person stands to inherit the balance in the accounts. I realize it is not always possible to take the necessary trip to Indiana around the holidays, but I assume if you are to inherit, you need to come here to at least clean out the apartment and dispose of his furnishings and personal effects, and you could then check on a will and find bank statements for his cash. If you are relying on a relative to do this for you, then you need to get in touch with an attorney and direct the relative to work with the attorney for your benefit.

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Answered on 12/16/03, 9:06 am


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