Legal Question in Wills and Trusts in New York
My father recently passed away and my half sister, who was not power of attorney and my brother, who was my father's power of attorney were controlling my father's finances/checkbook. The checkbook is in my father and mother's name and my mother, who is still living, assigned me to be her power of attorney since my father's passing. They refuse to return her checkbook now and all other financial related documents - my mother does not want them controlling her finances anymore. What steps do I need to take to get them to turn over the checkbook and other related financial documents?
2 Answers from Attorneys
If your father had a will, your mother should go to probate. If there was no will, she can apply for Administration of the estate. Once she is appointed, the court will order the return of all documents.
She may also try going to the bank with a death certificate and see if they will give you copies of all bank statements.
If the bank account was a joint account with right of survivorship, you should inform the bank of your father's death and the account will automatically become your mother's. Also notify the bank that your siblings have no authority to withdraw funds from the account.
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