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On checks and debit card was only my mom's name. On her monthly statement from the bank has is my mothers name underneath my moms name was my sister's name. The reason her name was on there was my mom put her on there as a signer to pay my moms bills after surgery. Is she able to take all the money out the account and won't let us know how much money she had? And won't let us see any papers from the bank? My sister told the bank not to give me and my brother any information. I really think all this is against the law. I told the bank I want to see some paper work saying that she could take all the money. That money should not have been taken out by her cause she had it planned. She is keeping it all she don't have to split it 3 ways. Should we be able to see paperwork of how much was in the account? She keeps saying it's all mine cause y'all can't get a laser to open a sussesion so I can't get in any trouble she said

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You need to talk to a lawyer in your community. The bank account may have been set up to allow your sister to have the funds after your mother's death, but that should be documented somewhere.
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If sister was on the bank account I think its her money. If she wasn't and did it under the guise of a POA, then its illegal. POA stops at time of death. I would recommend a consult with a lawyer to see what ur rights are. Usually when no will the state steps in. The bills get paid and what is left over goes to the children and the state takes its share.
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dugasjamie36 Aug 2018
U r so right I found out her name was in the account as a signer to pay my moms bills after surgery she is doing it illegal cause the bank won't let me get information about the account and won't let me are my brother see the statement because she said that is all her money I talked to a lawyer yesterday and he said she was not suppose to take any assets until we opened a sussesion but she thinks she is not gonna get in trouble I said well just be honest and tell us how much she had she said in not showing nothing y'all gonna have to open a sussesion and take me to court for y'all share but she knows we don't have 2500 dollars to open a sussesion bit some one file me I can go to the da office and just file a probate
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Who is named as executor of your mom's estate? POA authority ends at death.   If your mom is alive and your sister has financial POA, then all your mom's funds are for her care only, not to be split3 ways.  Could you explain further?
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The bank won’t give you any information. You’ll have to get a lawyer. My husband is executor of his mother’s Estate and the bank would not give him any bank records even with a copy of the trust. Even though he was named as one of the beneficiaries of the account. A friend at the DAs office told him he could file a notice of small estate with the probate court in order to get her bank records but we ended up obtaining her online banking ID & password so we didn’t gave to use a lawyer or the court to get the records.
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dugasjamie36 Aug 2018
Tthanks for that information do u know how much u have to pay the court when u file the probate any info I know about that can get me moving forward thanks
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On the "monthly statement from the bank" what letters are after your sister's name. Is it POD? If so, then the account was payable to your sister upon your mother's death and the money is her's. Without a written will, you don't have a legal leg to stand on claiming her wishes was to split the money tree ways. Sorry, but your mother failed to put her wishes into writing.
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JoAnn29 Aug 2018
Only if sisters name was on the acct is it legally hers. A POA is authorized to sign without being on the acct. Upon death the POAs responsibility is no more. The Executor takes over.
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No such thing as a signer only, if she is listed on stmt, she was a joint account holder, which means full rights and access to the funds.

They do not put multiple names on CC or debit cards, they issue each account holder their very own card.
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dugasjamie36 Aug 2018
It is my mothers name only on the card and checks my sister's name is only on the statement right under my moms name and my had told me a couple weeks before her surgery that she put her name only to be able to pay her bills while she was doe. From her surgery and for me it's really not about the money it's about respect thanks
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The bank would not have given her the balance of the account unless she was a co-owner. Had she been just a signer they would not have allowed her to withdraw all the funds. If the letters on the statement are POD Payable on Death, or TOD Transfer on Death the account was hers. The fact that she has an account at that bank would not enter into the disposition of the funds or giving out information. Your mother did not put her wishes in writing so there is nothing you can do to get any money.
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dugasjamie36, if there was no Will, then you need to check with the County/City to see if the estate needs to go before a Probate Judge. If yes, then the estate will be divided according to State laws.

My heartfelt sympathy to you and your family for the passing of your Mom.
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