Legal Question in Family Law in Louisiana
after gaining power of attourney of my elderly mother, what are the steps to gaining her retirement money, she left 100 percent to her husband who is dead so am I able to get the money?
2 Answers from Attorneys
Power of attorney comes with a duty to protect the interest of the person. If your elderly mother is still alive it is her money. Taking it for your own use is theft. You merely have access to it in her best interest.
If she is dead you no longer have power of attorney.
I was confused about the question and I agree with Mr. Casanave. What confused me is you statement "left 100 percent to her husband who is dead." It appears you mother is deceased, because why would she leave something to someone if she is alive? If you mean how do you change her beneficiary, then you need to speak with the administrator of her retirement account. Please furnish more details.