Legal Question in Real Estate Law in Pennsylvania
My Dad had a CD in which he had listed himself, and me on, When my sister got power of attoney Did she have the legal right to cash that CD without my concent?
1 Answer from Attorneys
Why is this a real estate question? Real estate deals with land.
I don't have enough information. How was the cd worded? What did the power of attorney say?
The sister was obligated to use the father's power of attorney for the father's benefit. If this was a pay on death cd, then your father owned it. Its his property. It may be that the sister cashed it in because the father needed the funds. If that is the case, she would have to provide the father with an accounting as to the money she expended on his behalf. Or the cd may have been payable to father or son or daughter, in which case any owner could have cashed it in.
You don't indicate why the sister is power of attorney, if the father is mentally competent or if he has died.
Since you have questions, I suggest that you have the power of attorney and possibly the cd (if you have a copy) reviewed by an attorney so that the circumstances can be evaluated and t can be determined whether the sister acted properly or not.