Legal Question in Wills and Trusts in Missouri
Type your question here...I was the power of attorney for my nephew. He passed away and left a balance in a bank account. I paid his funeral expenses from my own moneys and still owe the nursing home. Is there a way to access these funds?
1 Answer from Attorneys
From your description the money in the nephew's bank account -- assuming there was no TOD or joint ownership -- must be distributed in a probate proceeding. Depending on the size and complexity of the estate this may be a relatively simple, inexpensive matter, or it may be somewhat of an ordeal. You will be a creditor of the estate, and will be able to submit a claim for payment, and should eventually get the money. The nursing home will also be a creditor. Were there any other assets?
Be aware that the power of attorney died with your nephew.
You should probably see an attorney. Although it appears as if we are not terribly close to you we can probably help if you are interested. We do have clients in southwest Missouri. My email address is [email protected].