How can we get the bank to release the money in our late father’s bank account?

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How can we get the bank to release the money in our late father’s bank account?

My father recently passed away leaving a small bank account in his name only. My sister has Power of Attorney. My brother sister and I are co-executors of his Will. How can we get the bank to release the money so we can pay his final nursing home bill?

Asked on February 15, 2012 under Estate Planning, Virginia

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  First let's start with the Power of Attorney.  It is no longer vali.  A Power of attorney ends when a person passes away.  So the next thing to do is to offer his Will for probate and to have you and your sister appointed as co-executors of the Will in order to be able to have the funds released to the estate.  You would need Letters Testamentary to show the bank.  You did not say how much the estate was worth and a small estate may be viable if it fits in monetarily.  Good luck. 


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