Legal Question in Wills and Trusts in New York
I am power of attorney on a joint savings account with my recently deceased aunt. Can I withdraw the money from the account.
Asked on 6/06/10, 3:39 pm
1 Answer from Attorneys
Yana Feldman
Melnik Law Group
Are you a power of attorney on your aunt's checking account or do you have a joint checking account with her? Or both?
If you are just a power of attorney, your authority to act as her agent ended when she died.
If you have a joint bank account with her, the answer would depend on the account. Most likely, it is a joint account with rights of survivorship, which means the entire amount is available to you personally.
You should consult a lawyer to make sure you have the authority to withdraw funds.
Answered on 6/07/10, 5:57 am