If my mom passed without making me power of attorney, how do I get checks from stock still coming to her?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 8 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.