Legal Question in Wills and Trusts in New York

Re: will probate

A power of attorney is no longer effective once the principal (the person who made the power) is deceased. If you are certain that your sister used her power of attorney to withdraw from the account after your father's death, you may have recourse against your sister, and possibly against the bank where the accounts were held. You should contact an attorney to assist you in getting appointed as executor/administrator of your father's estate to prosecute these claims.

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Re: will probate

You do not say if the new registration was her name alone or jointly with your father, and why she took the money out. Either this account was an accomodation account, which was created for the simplicity of paying yuur father's bills, or a gift to her. Since the funds were transferred so shortly following death, they need to be included in an accounting of the estate and, possibly for estate and inheritance tax purposes as well. The amount to be reported, either way is the balance at date of death, if an accomodation account, or on the transfer date, if a gift. While your sister had the right to withdraw the funds, if the account was joint, as the surviving joinbt owner, if the account was not intended to be a gift to her, and was merely created as an accomodation account, you are entitled to one-half of the date of death balance, unless you waive your rights. This is a reply to an Internet question and the response is not intended to be legal advice or as creating an attorney-client relationship.