If my mom passed without making me power of attorney, how do I get checks from stock still coming to her?

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If my mom passed without making me power of attorney, how do I get checks from stock still coming to her?

I’m her only child.

Asked on May 8, 2015 under Estate Planning, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I am so sorry for your loss. If ou Mother died without a Will and naming you as the Executor then she is said to have died "intestate" and the intestacy statute will apply.  Under that statute, and given the facts as you state them, you should inherit all of her assets.  But you will need to file a petition in Probate Court to be appointed as the Administrator or Personal Representative of her estate.  Once that occurs you can have the stocks transferred in to your name.  The checks that come in her name have to be depositied in to an estate account.  This can be complicated so I would consult with a lawyer in your area.  Note that a POA would have no effect here.  It dies with the person for whom it is enacted.  Good luck.


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