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franny125 Asked January 2014

Can we use DPOA to take the money out without a death certificate?

Mom has DPOA from virginia and my older brother is her executive, but incapable of making any decision. He leaves all decision making up to me. Now my dilemma is that she has passed away but, she lives in New York City and she has monies in an account that she left him as the beneficiary and needs to be withdrawn to pay for her final resting place. can we use this DPOA in New York City to take the money out without a death certificate?

pamstegma Jan 2014
NO. DPOA ends at the death of your mother. Only the Executor of the Will can do anything with the assets of the Estate. Your brother has to handle this.

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