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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.

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Attorney answers 3

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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.

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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.

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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.

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