She went to his bank two days before his passing with a POA but the bank said it was NOT signed. My dad tried so hard to sign it in front of a notory but was so so weak he could not and tried so hard it me made me cry to see this. The bank refused to release anything saying it was never signed and the notory who was there said he did not sign it but still charged me the $25.00 but did say she saw his attempt to sign it. What can one do in a case like this? I have since put a freeze on his account and they told me after a person transitions one can NO longer have POA. I have an attorney but for some reason he tells me I need to file court papers to obtain the account but why if I HAD POA BEFORE my dad passed am I NOT entitled to go into the account and close it out? Thanks
I don't know why the notary did not have him make an X with two people witnessing his X plus signing their name to the document with the notary's signature and seal? This does not help anything now.
Anyway, legally they can't accept an unsigned POA document. Plus, it's authority, if it had been signed, died when your dad died. That's the way POA's operate.
Since your name is not on the account as a joint owner with right of survivorship, it does not go directly to you. Even a person with a properly signed POA can't do anything without their name of the account for the POA is no longer in effect.
The money will have to go through the probate process of executing his Will if he had one.
If he did not have a will, then he died “intestate.”
When this happens, the intestacy laws of the state where you reside will determine how your property is distributed upon your death. This includes any bank accounts, securities, real estate, and other assets the person owned at the time of their death.
I don't know how you had the authority to put a freeze on it.
Did the attorney fail to tell you that your POA document was not valid and that even it were valid that is has not effect now that your dad is dead. That's how POA's work and I'm sorry that no one told you that when you were made his POA That issues seems to be at the heart of your question.
Just because he wanted something is not enough to make it legally so since there is not any legal documents to show otherwise. So, my questions.
Is there a will?
Who is named to execute it?
Are there any siblings who may be expecting some of this money?
Usually when there is a will, the person authorized to execute it will have the bank put the deceased person's money in an account with the title "the account of " from which outstanding bills and debts are paid first.
If one does not exist, the lawyer should have told you about the laws in your state about someone dying “intestate.”
I am sorry for the confusion amidst your grief.