Legal Question in Wills and Trusts in New York
Executor Rights
I am executor of my Mom's will. I did have Power of Attorney when she was alive. She has a few hundred dollars in her checking account and a refund check from the telephone company. She has no outstanding bills to be paid. I was wondering if I have a right to get the money out of the bank and how? And if I'm allowed to cash the telephone check written in my Mom's name and how? I have one brother and we are very agreeable and will share everything. Thank You for any consideration of my question.
2 Answers from Attorneys
Re: Executor Rights
You do not have this right as power of attorney as this right expired with your mother's death. What you would need to do is to probate the will, or if no will get letters of administration from the Surrogate's court ro administer her estate. With the letters of administation you could access the money (and other property of the estate) and distribute it to your mother's distributees or heirs.
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Re: Executor Rights
My condolences. If there were only a few hundred dollars, you must go through probate, but there is a simplified procedure where the estate has a value of only a few hundred dollars. Call the Surrogate's Court where she passed away. Sorry, the Power of Attorney lost its validity when she passed away, so it cannot rightfully be used after her death.
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