I have power of attorney on my father's bank account. he just past away. can I still write check out of that account?

Asked over 2 years ago - Ventnor City, NJ

I am also the sole beneficiary and the executor of his will.

Attorney answers (3)

  1. Sherrille Diane Akin

    Contributor Level 13

    3

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Please accept my condolences on your loss. As my colleague has stated, a power of attorney no longer is effective once the principal (your father) is deceased. If access to funds contained in a bank account held solely in your father's name, then that access can only be had by the court appointed executor or administrator of his estate. You should consult with a probate attorney in the county in which your father resided to determine whether full probate of the estate is required or whether distribution of the account can be obtained through a summary proceeding. Best wishes to your family during this difficult time.

    This response contemplates only the laws of Ohio and is not intended to apply to other jurisdictions. None of the... more
  2. Benjamin G Kelsen

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . I am sorry to hear of your loss. As stated above, your power of attorney ends at the moment of passing and therefore you cannot write any further checks unless the funds were in a joint account. Please do not hesitate to call if You have any further questions.

    Benjamin G. Kelsen IF YOU LIKE THIS ANSWER PLEASE INDICATE YOUR APPRECIATION BY SELECTING IT AS "BEST ANSWER."... more
  3. Matthew Jason Staub

    Contributor Level 12

    1

    Lawyer agrees

    Answered . The authority granted in a power of attorney ends upon the principal's death. However, if the account was a joint account then you would still have the power to write a check out of it.

    Circular 230 Disclaimer: To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,858 answers this week

2,915 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,858 answers this week

2,915 attorneys answering