Legal Question in Wills and Trusts in Pennsylvania

My Mom just Died and my dad is dying...I have power of attorney and am executor of will...bank told me if he dies...they freeze accounts...what should I do?


Asked on 1/15/15, 3:42 pm

1 Answer from Attorneys

Power of attorney is only for the living. Wills take over once a person is dead.

Freezing accounts is not a big deal. An estate will need probated and once you are officially appointed as the executor a document will be issued by the court (called letters testamentary or if the estates for your parents will be in Pennsylvania, its called a short certificate). The document is shown to the bank, the hold is released and the funds are then turned over to the estate executor to deposit into the estate account.

Since your father is alive, what exactly are his circumstances? Do you have other siblings? Can you use the power of attorney to add yourself to the joint checking account? How is the power of attorney drafted and can you gift funds to yourself?

I strongly suggest that you talk to a probate attorney who practices in the county/state where your parents lived prior to their deaths. You may be able to set up things with the power of attorney so as to minimize or eliminate the need for probate and things will be much easier especially if you are the only child.

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Answered on 1/15/15, 8:12 pm


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