He gave my cousin POA she then took 57000 from his account and placed it in another account of which she is their poa without tellIng anyone but that person. After my father passed he will named my sister poa and that everthing he had was to be spilt between his 3 children evenly there after this lady removed 57000 she left 13000 in the account can she do this
No one can have POA after the death. All POA's die with the person who issued it, since they can no longer direct their financial decisions because they are dead.
If Dad died without a will, then the state's rules on Probating such cases take over. If Dad had a will, the person he selected as his executor has to handle
the estate of Dad including paying all of his bills.
Sounds like the cousin saw the POA was her license to steal---truly shameful if that was her intent---but not uncommon. Too often the senior's funds become a grab bag for family members, who use the funds for them or think how nice it is to buy gifts for grandchildren etc. No it is the senior's life savings and they need to preserve it to help pay for the senior's needs while still on this earth.
Good Luck.
While Dad was alive, Dad gave coursin permission t remove $57,000 of that account and place it in an accont that only had her and Dad's name on it.
AFTER Dad dies, the sister is now poa (THE WAY DAD WANTED IT). The other account has BOTH names on it. when dad died, whatever is left in THAT account now belongs to the cousin. The 3 kids, can't touch it. In fact, if the cousin doesn't even want to share how much is left, she/he in under NO obligation to do so.
People People People.............I am begging everyone reading this....
Get A will written today! even on a bar napkin!!!
You are the most selfish person alive if you don't write a will.
The pain and suffering you "will" cause once you die is intolerable for those you leave behind.
Ever if you want to leave a "f*ck you" will and leave EVERYTHING to your ferret (Murray).....and don't forget about Riley.
Sincerely,
Kathy
Don't leave us hangin"!
"God is great,beer is good and people are crazy."But consult a lawyer..and please as stated above make a will and advance directives now ..I cannot stress it enough
First mom and dad can not give any person over $13,000.00 without consequences per IRS. IRS says for an individual to not be taxed a gift is no greater than $13,000 A YEAR to a single person as long as he signs a gift letter, a form especially for a gift.
So since Dad's name is still on the account the $57,000 is part of his estate. Without a will or trust, the family can go to court and sue the cousin.
I would definitely consult an attorneys advice.
Hope that helps, Debbie
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