Legal Question in Wills and Trusts in New York
Power of Attorney
A few months back my brother was appointed power of attorney for my father. Recently my father past away and it was determined from the will that my brother was also executor of the will. The will stated the whole estate should be distributed between the both of us equally. However my brother and I do not see eye to eye and I'm afraid he may use his power of attorney to withdraw my fathers money. Is this possible? Can he withdraw money from my fathers accounts after his death or are the accounts frozen? The will went to probate, how long will it take before my fathers estate is distributed?
2 Answers from Attorneys
Re: Power of Attorney
The power of attorney was terminated at death; no need to worry on that score.
Your brother, as executor, will administer the estate. The accounts have to be transferred to new accounts in the name of the estate. To protect yourself you can notify the banks, etc. that your father died and this will freeze the accounts.
Probate can move swiftly and you will be notified when the will is offered for probate. You can act alone or with the guidance of counsel.
If your brother has a criminal record or you can establish that he is dishonest, you can object to his appointment as executor.
Distribution will depend on complexity, etc. If minimal problems, distribution can be made immediately after probate.
Re: Power of Attorney
Your brother will not be able to withdraw funds based on the power of attorney. A power of attorney is no longer valid when the person granting the power has died.
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