Legal Question in Wills and Trusts in North Carolina

. I made a withdrawal from his account the day after he died to cover funeral expenses. Now I learn that this was ''inappropriate'' and that the POA ends at death. I am also the executor of the estate. QUESTION is, am I going to get in trouble from the courts when they audit the accounts when I can show all the accounting and the heirs are not concerned? If so, what can I do to correct the situation? The total assets for this estate are $160k


Asked on 5/06/12, 7:41 am

1 Answer from Attorneys

Power of attorney ends at death and you had no business using the power of attorney to withdraw funds after.

You are not the executor until you submit the will for probate and are officially appointed by the court.

If I were you I would go and see a probate attorney. There may be a way for you to put the funds back into the estate or note them on paper and then either reimburse yourself for the funeral costs or note them on the paperwork so that it is properly accounted for.

You are only going to get "in trouble" if you took the money and did not use it for the benefit of the decedent. If you paid a funeral expense, then you surely will have a receipt for that.

Again, you need to see a probate attorney in the county/state where the decedent lived at the time of his/her death. You have already made one error. You don't want to make any others and risk personal liability to yourself.

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Answered on 5/07/12, 9:06 pm


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