Follow
Share

Mom just died. But the bills don't stop. And I have to give the funeral home a check also. Can I write checks on moms accounts after the date she dies?

This question has been closed for answers. Ask a New Question.
Find Care & Housing
NOPE. POA ends at death. Bank accounts are frozen.
After death you go to the bank with the death Certificate and the original Will naming you as Executor.
Helpful Answer (3)
Report

Your power of attorney "dies" with the person. If you are the executor and on the bank account, you can usually still write checks. But if you are not executor and writing checks as power of attorney for a dead person, it's not really legal. Banks are not supposed to honor power of attorney after death.
Helpful Answer (3)
Report

Hadnuff, Find the WILL. You must present the WILL, not a copy. If you are not the EXECUTOR named in the WILL, there is nothing you can do.
Helpful Answer (2)
Report

Hadnuff, I'm so sorry to learn of your mom's passing. I hope you can find some peace and comfort in the coming days, knowing you did all that you could do for your mom. Hugs...
Helpful Answer (2)
Report

Barbara, I am sorry to learn of your mother's death. I know it's been a long hard road for you, and hope that you're able to find peace as you remember your life with her before the medical issues began.


When I've dealt with funeral homes, they've always understood that funds aren't necessarily readily available. I've kept them advised as to funds that I would be withdrawing, as well as status of other relevant matters, and they've understood. Sometimes it was a week or more before funds were available to pay; there was never any problem.

Perhaps you could just explain the situation to the funeral home. I wouldn't risk problems with your mother's account by writing checks based on authority that's expired.

However, is your brother or are you the executor, and how was the account titled - jointly between your mother and you, payable on death? If the latter, then you can write checks against the account.

You should also let the HO agent know; probably the first question asked is whether or not the home is vacant. The agent may contact the underwriter and grant an extension for payment of the premium, given the circumstances.
Helpful Answer (1)
Report

Barbara, I'm so sorry to hear of your loss.
Helpful Answer (1)
Report

kfoot1962, only the Executor can set up a bank account for the person who has passed, it would read Estate of_________________, then under that the name of the Executor.

The person who passed, the Will would need to go into County/City/Town probate court. The Executor can use the bank account to write checks for bills, and every penny has to be accounted for thus every bill and copy of the check to be available when the final accounting is presented to the Probate Court. Yes, it does sound like a maze, nothing is easy when a person passes on.... [sigh]
Helpful Answer (0)
Report

I went through this a year ago. Before my dad died, he made me POA and also filled out paperwork at the bank to make me the recipient upon death. However, his accounts were joint with my stepmother who has severe dementia. I had to apply for guardianship which is a long, complicated, and expensive process in my state.
A relative loaned me the money for the 10% deposit at the funeral home. Also we showed the funeral home my dad's life insurance policy to prove that we would be able to pay the entire amount.
Helpful Answer (0)
Report

No POA can no longer do anything. You need to Probate the will and get paperwork stipulating you are the executor. Having it stated in the will is not enough. You will need a death certificate and the original will to do this. This will be the "legal" paperwork you need to conduct ur Mom's estate. A bank should not do business without this. Maybe the funeral director will allow u an original to get this done so he can get paid. In my instance, the Surrogate's office kept the original will making a copy they attached to the paperwork allowing me to handle Mom's estate.
Helpful Answer (0)
Report

I withdrew all the money from her checking account as POA the day after she passed to help with funeral costs because her medicaid was denied. Should I be worried?
Helpful Answer (0)
Report

See All Answers
This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter