Legal Question in Wills and Trusts in Missouri

My Mother was POA for her husband for many years since his stroke. My mother recently passed away. There are many accounts with both of their names and no will. As my mother was POA for my stepfather, shouldn't all accounts be subject to probate since legally, she was owner & POA for the other joint owner of all their accounts?


Asked on 11/08/10, 11:09 am

1 Answer from Attorneys

Richard Herndon Richard J. Herndon, Attorney at Law

I'm assuming that your mother's husband is still alive. Assuming the accounts were held jointly as husband and wife between them (technically, in Missouri, tenants by the entireties), the accounts are now the husband's alone. Your mother held two roles, one as a co-owner as to her "half", and the other only in a fiduciary capacity, that is, with apparent transactional authority. The Power of Attorney obviously has no validity anymore unless there was a successor named. Her authority died with her. If the Power of Attorney carried no successor then a conservator for the husband will be needed, but, given the assumptions above the fact that she operated on his behalf under the Power of Attorney are now irrelevant. It is the same result as if they were both competent and she died -- it's his.

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Answered on 11/13/10, 12:11 pm


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