Legal Question in Wills and Trusts in New York
My sister died in New York, I live in Florida, I didn't know until two months after, now I'm trying to settle up her estate, the bank is requesting a power of attorney, there isn't a will anywhere, how do I get this after the fact?
2 Answers from Attorneys
To settle her estate, you must obtain authority from the local Surrogate's Court (the Court will issue you "Letters of Administration"). With the Letters of Administration, you will be able to close any accounts in your sister's name. Powers of Attorney are only effective for incapacitated persons who are living. not for persons who have passed away. You may contact my office at 212-401-2990 for a brief complimentary consultation and fee estimate. Good luck.
To answer your question, you cannot obtain a power of attorney after a death. You cannot use a previously signed power of attorney after a death.
You would have to petition the Surrogate's Court for Letters of Administration. Once you receive this document, you would be able to act on behalf of your sister.
Mike.
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