I would consult with an attorney to be sure but I doubt it could be done if your brother is about to pass away only due to the time it takes to file the paperwork to note the change which takes time. It’s worth a call to pay an attorney for a consult at this point because he may be able to, thus please call.
Are you beneficiary on any of his accounts or life insurance policies? Does he have a will? If so it will go to probate.
If you are worried about his funeral expenses that’s a tough one.
My brother died unexpectantly last year with no will. I applied for Administrator status which was granted to me only because he was single and had no kids. If he had those they would have superseded my right to be administrator. Was your brother single? Does he have children? This may throw a monkey wrench in any plan for you as a sibling to be considered first.
I did need to pay for his funeral/cremation out of my pocket with the expectation of getting reimbursed which I did - but it took 4 months before all the accounts were closed and after I provided proof of next of kin re Administrator.
My brother had savings bonds but only 2 out of 10 had me as POD. I had to submit lots of information to US Treasury (death certificate, administrator certificate and my mom’s death certificate as she left them POD to him) and wait.
Is your brother cognizant? If so, he could ask the hospice folks to get an estate attorney in there to meet with him and write up a will or trust. You'd need to be out of the room and not influencing your brother in any way, and if the attorney is worth his salt, he won't do anything unless your brother can convince him you aren't coercing him.
You can talk to the hospice people and to the mortuary you plan to use to learn about what you'd need to pay up front. They could give you some guidance.
It's a shame you two talked about it, but never went any further. I have a feeling you'll have to go through probate to settle his estate.
If your brother didn’t designate you as his payable upon death beneficiary then no. You can’t. And you can’t do anything that is self serving and in YOUR interest if you are his POA.
I am a private caregiver, sometimes work with hospice. I am also a notary ,30 years. About the question you're asking: In my opinion, NO YOU CAN NOT. But most of all, you are being a very greedy brother - all you're worried about is what's in that account. If you are the only heir, by law, you will evenutally gain access to his money. All through probate court, of course.
First of all I am not a greedy brother. I am his sister. He and I just kept procrastinating,and now he is in hospice. These were discussions he and I had,and what he wanted. I don't know anything about this stuff. I don't know if I have to pay for his funeral upfront,what probate is,etc. But thanks for your opinion.
1. What if any end of life documents have been executed, and specifically what kind of bank account are you referring to? Is it titled singly in your brother's name? Or are their other names to create joint titling?
2. My experience with joint accounts with rights to survivor is that the account is created with that provision, and it's on the cards or documents the individual signs when opening the account.
3. At this point, with your brother in hospice, I rather suspect the bank would be somewhat hesitant to process anything knowing that he's in a terminal state. However, is he fully cognizant, fully able to make his own decisions? And that raises another critical point? Does your brother want to create a joint tenancy?
4. My experience has been that the banker witnesses the execution of signature cards. I rather doubt he/she or the bank management would rely on a notary, since they would be "on the hook" if the execution and notarization were suspicious, especially at the end of life.
Is your brother mentally capable? Does he have a bank account that is not designated to pass to an heir? It would then pass in probate. I don't think that a bank will allow this alteration of an account without the person present. Your first step should be the bank. Ask your questions of the Bank Officer at the bank involved. Notaries do attend to hospice, hospitals and nursing homes. That was my experience in Palm Springs with wonderful volunteer notaries recommended by the social worker. Problem is that in doing anything involving money and realty it is necessary to assertain for the bank and etc that this person is fully functioning mentally. You may need a lawyer for this, and I am uncertain you can even do this with a Lawyer.
Are you beneficiary on any of his accounts or life insurance policies? Does he have a will? If so it will go to probate.
If you are worried about his funeral expenses that’s a tough one.
My brother died unexpectantly last year with no will. I applied for Administrator status which was granted to me only because he was single and had no kids. If he had those they would have superseded my right to be administrator. Was your brother single? Does he have children? This may throw a monkey wrench in any plan for you as a sibling to be considered first.
I did need to pay for his funeral/cremation out of my pocket with the expectation of getting reimbursed which I did - but it took 4 months before all the accounts were closed and after I provided proof of next of kin re Administrator.
My brother had savings bonds but only 2 out of 10 had me as POD. I had to submit lots of information to US Treasury (death certificate, administrator certificate and my mom’s death certificate as she left them POD to him) and wait.
You can talk to the hospice people and to the mortuary you plan to use to learn about what you'd need to pay up front. They could give you some guidance.
It's a shame you two talked about it, but never went any further. I have a feeling you'll have to go through probate to settle his estate.
he wanted. I don't know anything about this stuff. I don't know if I have to pay for his funeral upfront,what probate is,etc. But thanks for your opinion.
1. What if any end of life documents have been executed, and specifically what kind of bank account are you referring to? Is it titled singly in your brother's name? Or are their other names to create joint titling?
2. My experience with joint accounts with rights to survivor is that the account is created with that provision, and it's on the cards or documents the individual signs when opening the account.
3. At this point, with your brother in hospice, I rather suspect the bank would be somewhat hesitant to process anything knowing that he's in a terminal state. However, is he fully cognizant, fully able to make his own decisions? And that raises another critical point? Does your brother want to create a joint tenancy?
4. My experience has been that the banker witnesses the execution of signature cards. I rather doubt he/she or the bank management would rely on a notary, since they would be "on the hook" if the execution and notarization were suspicious, especially at the end of life.
4. What other documents are in existence?
Notaries do attend to hospice, hospitals and nursing homes. That was my experience in Palm Springs with wonderful volunteer notaries recommended by the social worker. Problem is that in doing anything involving money and realty it is necessary to assertain for the bank and etc that this person is fully functioning mentally. You may need a lawyer for this, and I am uncertain you can even do this with a Lawyer.