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I'm POA for my mom and I'm on her checking account. The bank told me that when she dies everything stops. I cannot have access to her savings even to pay her bills. I have to go through the proper steps first. The estate has to be settled. Mom's will names me, so there is no problem there, but there will probably be nothing left by then to deal with anyway.
When I brought my PoA paperwork to my Aunt's bank (PNC) they just made me joint. When she passed, then I was the sole owner of that account and it stayed open but I had to bring in her death certificate. I think what happens depends upon each individual bank.
The POA stops at death. They have no authority to change Wills. The shut down of accounts could have been done by the bank when they were made aware of the death.
You need to call Probate is the county he lived and tell them you have the original Will. That you are under the impression that the Will was changed by POA and that your father had severe dementia so not capable of making changes. Who was made Executor? If you, you need to file that Will. Then you will get a short certificate giving you the ability to get to Dads accounts and pay his outstanding debts. Then distribute the Will as he wanted. You may need a lawyer but get that Will filed.
Was it notarized? As far as POAs are concerned, who is this person (?) family, friend, state guardian selected by the court, etc. THAT matters. Get an attorney ASAP (check for free legal assistance locally) then you can proceed. If your dad was "non compos mentis" (not of sound mind) when this paperwork was done, it's null and void but you have to go to court. If a legal guardian did it, it's very hard but not impossible to get help. Look up the laws for elder abuse online, it gives you a place to start. You can revoke an illegal POA in my state under certain circumstances with just one document, but without knowing the relationship with the POA it's hard to give you more info.
First, the POA authority ends at death. So if the closing of the bank accounts occurred after your father's death, that was illegal and you should contact the bank to tell them so. They may or may not take any action. If the bank accounts were closed prior to your father's death, that is a different situation.
If the same person who held the POA is also the executor, he or she may have done so under that authority. So the dates the account were closed make a difference.
Secondly, the POA could not change the will without your father's cooperation. Have you seen the new will? You can contact the probate court system in North Dakota, since wills are public information. The new will will have your father's signature and the signature of witnesses and, most importantly, the date on which your father signed it. Was he competent to sign it at that point, or not? Do you have medical documentation to prove that he wasn't?
Your father was entitled to change his will, IF he was competent at the time. If you believe that the new will is not valid, and have evidence such a a diagnosis of incompetence at the time, or if the signature doesn't look valid, things like that, you can contact an Elder Law attorney in North Dakota to see about challenging the will in probate court and also about challenging the closing of the bank accounts.
And as liz said below, hold on to the original will that you have.
This is a complicated problem and dependent on state laws. I suggest the following 1) Do not ever let go of the original will. Usually, a copy does not have legal weight. 2) If there is significant money at stake you will need a probate attorney and you need one asap. The Attorney should be a Probate Trial Attorney. Hopefully you can avoid trial. However, you need to choose an attorney with deep bench experience. They will know the probate laws and how much you have to spend to secure your case. State laws concerning inheritance mean nothing if you cannot get a judgement in your favor. Some people cannot afford the legal fees to get that judgement. If you are the executrix assigned in the will, you have the "golden ticket". It is a many layered legal problem. Get the best legal help without delay. I speak from experience. You can be the only heir to a high value Estate and have everything stolen. I wish you luck.
Actually the POA can close bank accounts after the principal's death, if they do it before the death certificates are filed. They're not supposed to, it's not allowed, and you can contest it. When the will is probated it will become a public document and you can have a look to see if it matches your copy or not. Then it's a matter for an attorney to look into, to determine which copy is valid. A hand written will done after your dad was diagnosed with dementia will not stand up to scrutiny.
The PoA ends at death. The bank would not allow a PoA to do close it unless they somehow duped the bankers. The person who closed the account is probably the Executor -- but still would be very limited in their ability to close the account if they had no ownership in it or legal reason to do so.
Once someone like your Father passes, his assigned PoA's authority ends the moment the agent dies. In your version of his Will, does he name an Executor? This is now who has authority to carry out what is documented as his final wishes and manage the probate process, if any.
If you were joint on his bank accounts then no one else could close it but you, the remaining account holder. As for changing the Will... an Executor or Personal Representative does NOT have this legal power.
We are only getting your side of the details so I strongly suggest you contact the person you believe is now the Executor to get clarity and if you believe there are problems then you will need to hire an attorney... and pay for their counsel.
The POA can't change a Will. Your father would have had to do that or agree to it at some point. Call the probate court in the town your father was living in. A Will is public information. You will be able to get a copy of it. The POA would not have been able to close out bank accounts either after your father passed. POA ends when a person dies. The POA is probably also the Executor of your father's Will as well. Talk to the probate court in the town your father lived.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
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APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
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APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
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If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
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This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
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You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Was either will notarized and filed? How do you know that the will was changed? Has the estate and assets gone through probate?
The POA may have been joint on the account and when the account was closed they didn't close it as POA but legal account holder.
You have many posts regarding the possible legal reasons for this to happen.
Do you have a specific question as a follow up for your initial post?
You need to call Probate is the county he lived and tell them you have the original Will. That you are under the impression that the Will was changed by POA and that your father had severe dementia so not capable of making changes. Who was made Executor? If you, you need to file that Will. Then you will get a short certificate giving you the ability to get to Dads accounts and pay his outstanding debts. Then distribute the Will as he wanted. You may need a lawyer but get that Will filed.
If the same person who held the POA is also the executor, he or she may have done so under that authority. So the dates the account were closed make a difference.
Secondly, the POA could not change the will without your father's cooperation. Have you seen the new will? You can contact the probate court system in North Dakota, since wills are public information. The new will will have your father's signature and the signature of witnesses and, most importantly, the date on which your father signed it. Was he competent to sign it at that point, or not? Do you have medical documentation to prove that he wasn't?
Your father was entitled to change his will, IF he was competent at the time. If you believe that the new will is not valid, and have evidence such a a diagnosis of incompetence at the time, or if the signature doesn't look valid, things like that, you can contact an Elder Law attorney in North Dakota to see about challenging the will in probate court and also about challenging the closing of the bank accounts.
And as liz said below, hold on to the original will that you have.
Hopefully you can avoid trial. However, you need to choose an attorney with deep bench experience. They will know the probate laws and how much you have to spend to secure your case. State laws concerning inheritance mean nothing if you cannot get a judgement in your favor. Some people cannot afford the legal fees to get that judgement. If you are the executrix assigned in the will, you have the "golden ticket". It is a many layered legal problem. Get the best legal help without delay. I speak from experience. You can be the only heir to a high value Estate and have everything stolen.
I wish you luck.
If you were joint on his bank accounts then no one else could close it but you, the remaining account holder. As for changing the Will... an Executor or Personal Representative does NOT have this legal power.
We are only getting your side of the details so I strongly suggest you contact the person you believe is now the Executor to get clarity and if you believe there are problems then you will need to hire an attorney... and pay for their counsel.