If my dad died and I am POA and one of the bank’s put a freeze on an account, will I get access back to pay for my father’s house until I put it on the market?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my dad died and I am POA and one of the bank’s put a freeze on an account, will I get access back to pay for my father’s house until I put it on the market?
I know I have to sell the house. I have to wait for the W2 form and I have to fill paperwork out at the court for the bank account. What will I expect? Will the bank lift the freeze? I have to continue to pay for electric on the house to keep the heat on during the cold season and also I am cleaning the basement, I have a dumpster none of the other family member’s are helping. Will the bank grant the money over so I can continue to pay bill’s until the house goes on the market and if and when it sell’s.
Asked on December 14, 2011 under Estate Planning, New Hampshire
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You need to find out what caused the bank to freeze the account; was it the death itself or the bank's failure to realize you had power of attorney (legal power of attorney) prior to your father's death? If it was the death itself, you need to work with the bank and convince the bank without use of courts (too long and expensive) that you should have access to the account to withdraw for expenses. The way to do this is to make an appointment with the bank manager and make sure this person has significant experience with estates. If not, go to another branch and begin again with the manager there. Show the bank your father's death certificate and the power of attorney and explain that you are entitled to have access to the account (this is presupposing the power of attorney had language to have it effective after death). Most powers of attorney are only valid as long as the person for whom you have representative authority is alive. Now, if your father died intestate but you had power of attorney over the account, you might be able to get the court to appoint you as the administrator in an emergency motion so you can take that to the bank along with the death certificate and get this resolved.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.