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

Ventnor City, NJ |

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

Attorney Answers 3


  1. Best answer

    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 information in this response should be used or relied upon as legal advice or legal opinion about specific matters, facts, situations or issues. Viewing it does not establish an attorney-client relationship between you and Sherrille D. Akin, the law firm of Isaac, Brant, Ledman & Teetor LLP, or any of its individual attorneys


  2. 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 communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Attorney-Client Relationship Disclaimer: This email does not create an attorney-client relationship between sender and any receiver.


  3. 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." Law Offices of Benjamin G. Kelsen, Esq. LLC 179 Cedar Lane Teaneck, NJ 07666 Phone: 201-692-0073/ Fax: 201-692-0151 Web Site: www.kelsenlaw.com / Email: bgkelsen@kelsenlaw.com NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, we are not your legal representatives, and you should not rely on any opinions contained in this message.

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