What to do if my mom passed without a Will?

My mom passed recently. She had no property or anything else. She does have a bank account with under $4,000 in it. There are 5 children She did have Durable Power of Attorney and she appointed me. Can I take the money out of her account and distribute it legally?She lived in FL; she passed in N.H.

Asked on September 7, 2017 under Estate Planning, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Once your mother died, the Power of Attorney ended. What you will have to do now is to legally divide her "estate" (i.e. the $4,000). Typcially this would involve probate, whether or not there is a Will. However, most states offer what is known as "small estate probate". You would need to use the procedure in the state in which your mother was domiciled as of the date of her death, which from what you have written, looks to be FL. Here is a link to a site that you'll find to be of help: 

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