My mother just past away. I have a Last Will and Testament Question?
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My mother just past away. I have a Last Will and Testament Question?
My mother just passed away. She appointed my brother-in-law as her personal representative in her Will. She put myself, her son, as an alternate representative. My mother gave me verbal access to her bank accounts while she was ill in the hospital to pay her bills. She also gave me her debit card to buy items for her farm and home. I did not fill out a power of attorney and have her sign before doing this. As we all do, I never expected this to happen so quickly. Anyway, now that she has passed I should no longer access or use any funds from that account correct, even to pay for her cremation expenses?
Asked on December 3, 2018 under Estate Planning, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
That is correct: when she passed away, any permissions or authority she had given to access her accounts or use her credit card ended--that authority does not survive her. Only her personal representative can now access her accounts, etc. and can only use them for legitimate estate or probate expenses, including her final expenses, or to pay off valid debts of hers brought as claims against her estate.
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