Legal Question in Wills and Trusts in Ohio

How do I get power of attorney for someone who has passed away? My father recently died in Florida and I am the executer of his will. I have a copy of the will, and the death certificate, but he left bills that are becoming a problem and I have no way to access his bank account ect. I also currently live in Ohio. Thank you in advance.


Asked on 3/08/16, 5:14 pm

2 Answers from Attorneys

Michael Brandabur Brandabur Law, LLC

You can't. A POA only works for a living person. You will need to open up a probate case and be appointed executor. Then the court will issue "letters of authority" allowing you to access bank accounts, etc. This will need to be done in Florida, if that is where your father lived.

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Answered on 3/09/16, 5:21 am
Christine Socrates Meyers, Roman, Friedberg & Lewis

My condolences to you and your family regarding the passing of your father. You will not be able to obtain a power of attorney at this time since your father is deceased. You will need to probate his will and open a probate estate if he has assets in his name alone or assets without a beneficiary designation. If he is a legal resident in Florida and has assets in that state, the estate will need to be probated in Florida. If he has any assets located in Ohio or other state, you may also need to summary administrations there as well. If you need assistance or have any other questions, please feel free to contact me at your convenience. www.socrateslegal.com

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Answered on 3/17/16, 11:27 am


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