Legal Question in Wills and Trusts in Ohio

I live in Ohio, if a person dies, has a checking account in their name only, no spouse, has given verbal financial power of attorney to a brother, can the brother write checks or draw money out, death occurred 2:30 am, checks were written later same day?


Asked on 9/13/11, 7:05 am

1 Answer from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

If the person passed away in Ohio then the power of attorney is no longer effective. Any withdrawals after death should be returned to the account. A probate administration will need to be started to gain access to the funds.

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Answered on 9/13/11, 7:31 am


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