If my brother died with no Will and I was his power of attonery, if he died with money in the bank how can I claim his money?

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If my brother died with no Will and I was his power of attonery, if he died with money in the bank how can I claim his money?

Asked on April 24, 2013 under Estate Planning, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It all depends on who is the next in line to inherit. If he had children, through probate law, his children would get the money. This is of course and assuming he didn't name someone else on the bank account. You would need to become the administrator of his estate (not power of attorney) as appointed by the court to obtain and disperse his assets. The bank will not relinquish anything to you without a court order and death certificate.


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