Legal Question in Wills and Trusts in North Carolina

I have poa for my mother. her husband is deceased and estate has not been settle yet (7yrs ongoing) can i transfer stocks and bank accounts into her name why we are waiting to get his estate settled ?


Asked on 5/04/11, 3:11 pm

1 Answer from Attorneys

I cannot answer why the husband's estate has taken 7 years without reviewing the court file. Most estates are wrapped up in 1 to 2 years. If you are the power of attorney for your mother, who is the personal representative of the estate? Have you talked with this person or entity?

And why would you transfer stocks and bank accounts? Money in bank accounts, if held jointly in your mother's and husband's name automatically pass to your mother. If they are only in the name of her husband, the estate has to be probated and funds are turned over to the personal representative and put into the estate account.

Stocks are different. They may have to be sold, depending on the claims in the estate and tax liability They certainly have to be valued as of the date of death. Assuming that no taxes are owed and any claims have been satisfied, then the personal representative can assist in transferring the stocks into your mother's name. At a minimum, you would contact the brokerage house where the account is located or the transfer agent of the company itself and follow their instructions regarding transfer of stocks. They will want to see a death certificate, power of attorney and you or your mother's signature may need guaranteed. You usually send in the old stock certificates and the transfer agent re-issues the certificates in your mother's name. They may have a process where they just register it on their books if no certificates were ever issued.

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Answered on 5/04/11, 3:22 pm


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