Legal Question in Wills and Trusts in New York

My great aunt passed away a little over a month ago. I lived in her house with her, and now continue to do so by myself. My father has power of attorney and was left the house in the will. I was left the car and money that is held in an account. My father told me that he hasn't been able to find any records of the accounts and hasn't received any bank statements on the accounts, which seems a little odd to me. He also said the bank that apparently holds that account is the only one not recognizing his power of attorney, another thing i find odd. He also told me he was going to take out from my account what he has paid in utilities the past month for the house because i am currently unemployed, and that i will be a secondary on my own account. Now I'm no lawyer by any means but I'm fairly certain this is illegal. I'm just looking for some confirmation on my situation and some advice on what to do to make sure i get what my great aunt rightfully left me.

Thank you


Asked on 2/11/11, 8:04 am

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Upon death a power of attorney is null and void. You (or your father) would have to become the executor of her estate.

Once an executor is appointed, he or she will be able to marshal assets for distrubtion under the terms and conditions of the will.

Mike.

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Answered on 2/11/11, 8:57 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Mike. This all should be handled by the Executor named in the Will, after the Will is probated. I do not know what your father may have tried to do under the POA before your aunt passed away, in terms of being notified about things by the bank, but the bank appears to be acting properly by not recognixing the POA after death.

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Answered on 2/13/11, 10:45 am


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