Legal Question in Wills and Trusts in New York

my brother closed my deceased mother's bank account with his Power of Attorney without telling the bank that our mother had died in another state. If I show the bank our mother's death certificate, will the bank take any actions against my brother?


Asked on 12/28/10, 4:32 pm

3 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

That would be up to the bank.

Mike.

Read more
Answered on 1/03/11, 5:18 am
Paula McGill Paula McGill Attorney at Law

If your brother closed the bank account and took the money for his own use, the administrator of your mother's estate should bring a lawsuit against your brother for the benefit of the estate.

NEW YORK OFFICE

1225 Franklin Avenue

Suite 325

Garden City, NY 11530

Read more
Answered on 1/03/11, 9:07 pm
Walter LeVine Walter D. LeVine, Esq.

Facts necessary for a complete answer are missing. In whose name(s) was the account - mom's or joint with someone? How many days elapsed between death and closing of account? Is your brother keeping the funds or sharing them with the heirs? Was there a Will and what did it say, if anything about this account? How, if in any way, were the funds used? In general, a POA ends with the death of the grantor, but unless the bank knew of mom's death, they would still recognize it and allow it to be used to close the account. If the account was in Mom's name alone, your brother may have acted properly in preventing the account from being frozen. If he used the money to pay mom's bills he may have also acted properly. If he closed the account just to keep the money, he breached his fiduciary duty under the POA and can be sued to give bac k the money. If the account was in joint names with him, he may have been entitled to the proceeds. As stated previously, more facts are needed. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

Read more
Answered on 1/04/11, 1:39 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York