Legal Question in Wills and Trusts in Maryland

My friend and i have POA For two dear friends of ours,. The wife just passed away the husband is in assisted living. My friend & i are in the will as personal representatives. If he passes away can we still write checks & make withdraws to pay for any outstanding bills?

Asked on 4/05/19, 5:12 am

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

A power of attorney ceases at death. There is no authority to use a POA after death.

A Personal Representative has authority once appointed by the court to administer the estate but they would not make withdrawals from accounts in the deceased person's name. Instead the PR (after appointment) would open up an estate account and transact all estate administration through that account.

When the time comes, you may wish to talk to an attorney who can help the PR administer the estate, or even if you wish to administer on your own may find it helpful to at least consult with an estate attorney. While not legal advice, I hope the general information in this post helps.

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Answered on 4/06/19, 9:24 am

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