Legal Question in Wills and Trusts in Pennsylvania
No named executor, no will.
By virtue of my wife's death I became POA for my mother in law, she passed away with no will and didnt name an executor. Her daughter had placed her in a nursing home one month prior to her death. The nusrsing home and Dept of Public Welfare want the insurance policies, about $8ooo total. I want to pay the funeral bill and other expenses but the social worker said I have no jurisdiction to do so, also there is about $800.00 in her bank account and my name is on it with her. Can I use those funds to pay her bills? and do I have any jurisdiction over her estate?
1 Answer from Attorneys
Re: No named executor, no will.
First of all, now that your mother-in-law has passed, you do not have the authority to act on her behalf. The Power of Attorney ended upon her death. If she does not have a will, her daughter and any other children she had would be first in line to be appointed as the Administrator of her estate.
You may withdraw the $800.00 from her bank account if you are the joint owner, not if you are simply on the account as the Power of Attorney.
If you or your sister-in-law have any questions regarding what to do, please feel free to contact me 412.731.0865. I do give free consultations so I will not charge you to simpoly discuss your situation with you.
I look forward to speaking with you.
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