My Mom recently died and had a small savings and checking account. I am POA on checking, but not sure about savings account. How can I find an attorney to handle the details for me?
If it is a small amount but you determine that you need probate, you call the probate clerk to file paperwork. I had to file for my dad in 2010 for a $2000 stock. Since it was so low, I was only charged a low amount of $65. Sometimes it is simple rather than hiring a probate lawyer to ask. The court gave me the proper document as a spokesperson to unlock the account.
Probate attorney a great idea! Yes. I think the bank won't let go of those accounts, tho. They are notorious for their uncooperativeness or their protectiveness, whichever way you look at it. Certain is worth a try tho.
The POA, now that your Mom is gone, is worthless. It died with her. If there is a POD on any account, then that account belongs now to that person. They will need a death certificate to claim said account. If there is none POD on accounts then probate will likely need to be filed. Is there a will? If not you can still probate her estate with an attorney. Get any Trust and Estate attorney in your area off google. As this is a simple probate any can do it. If you are next of kin, having been already the POA, it will be easy to get yourself appointed as administrator of your mom's estate. That is the same as an executor in the case of there being a will.
Once you are administrator the attorney will get you an EIN number for the estate and you will draw all accounts into one account in the name of the estate with yourself listed as administrator. You will deal then with any medicaid clawback, and last bills of your Moms. When that is done you will distribute the money that is left according to the laws of your state. If you have no siblings it will likely all go to you. Last taxes will need to be filed. And you are done. An attorney will help walk you through the tough parts; get one paid by the hour to assist you.
The court gave me the proper document as a spokesperson to unlock the account.
Did she have a will?
Look up your state's bar association for probate attorneys in your area, or just check Yelp.com for probate attorneys for reviews.
I think the bank won't let go of those accounts, tho. They are notorious for their uncooperativeness or their protectiveness, whichever way you look at it. Certain is worth a try tho.
If there is a POD on any account, then that account belongs now to that person. They will need a death certificate to claim said account.
If there is none POD on accounts then probate will likely need to be filed.
Is there a will?
If not you can still probate her estate with an attorney. Get any Trust and Estate attorney in your area off google. As this is a simple probate any can do it. If you are next of kin, having been already the POA, it will be easy to get yourself appointed as administrator of your mom's estate. That is the same as an executor in the case of there being a will.
Once you are administrator the attorney will get you an EIN number for the estate and you will draw all accounts into one account in the name of the estate with yourself listed as administrator. You will deal then with any medicaid clawback, and last bills of your Moms. When that is done you will distribute the money that is left according to the laws of your state. If you have no siblings it will likely all go to you. Last taxes will need to be filed. And you are done. An attorney will help walk you through the tough parts; get one paid by the hour to assist you.
Good luck!