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curiousjoe Asked March 2017

Is DPOA enough to keep Dad's bank account out of probate upon death?

Is it necessary to have my name on the bank account to keep it out of probate? or can the will take care of it?

freqflyer Mar 2017
Joe, when my Dad had passed, I stopped using all of his accounts, even the ones that says "Dad Smith or Daughter Smith", where I was allowed to write checks on behalf of my Dad as Power of Attorney. New account had to be made on the one bank account that was just in my Dad's name, which now says "Estate of Dad Smith, Daughter Smith Executor" and a new social security number for Estate is given.

Now, I can only write checks from the Estate of Dad Smith that have to do with bills for the Estate.

I probably can write checks from the other accounts, but I plan to wait until Probate is finished. Even said moneys in those accounts had to be noted on the Probate accounting, but they aren't taxable.

I would recommend you check with an Elder Law Attorney about this. As State laws could vary from State to State.

Countrymouse Mar 2017
DPOA ceases on death. It no longer provides any authority to do anything at all. So no.

And if you are still operating your father's bank account using it, stop immediately.

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