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Elder Law, Powers of Attorney, Living Wills (Advance Health Care Directives) : Includes Court Appointed Conservatorship, Elder Abuse, Durable Powers of Attorney, etc.
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  #1  
Old 11-01-2009, 02:20 PM
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POA for deceased Mother


My mother passes away in 1998 and left no will. The only asset that she effectively had was a small amount of Placer Dome stock. Placer Dome was recently purchased by Barrick Gold and her shares were converted to Barrack stock.
When I informed Barrack that my mother had passed away, I was told that I needed a POA to enable me to do anything with the stock. I have the certificate of death for her, how do I get a POA for a deceased parent?
I would appreciate any help that you might provide.

Sincerely, Christopher Head

Last edited by ChrisHead; 11-01-2009 at 02:24 PM.
  #2  
Old 11-01-2009, 02:49 PM
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Quote:
Originally Posted by ChrisHead View Post
My mother passes away in 1998 and left no will. The only asset that she effectively had was a small amount of Placer Dome stock. Placer Dome was recently purchased by Barrick Gold and her shares were converted to Barrack stock.
When I informed Barrack that my mother had passed away, I was told that I needed a POA to enable me to do anything with the stock. I have the certificate of death for her, how do I get a POA for a deceased parent?
You don't. You can't get a POA for a deceased person.... in fact, if you DID have a POA at the time, it would have ceased being valid on her death. A POA does not 'survive' the death.
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  #3  
Old 11-01-2009, 02:52 PM
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What state are you in?
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Old 11-01-2009, 04:35 PM
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Originally Posted by anteater View Post
What state are you in?
How is that relevant... the POA does NOT survive the death.... in ANY state.
Further, even if it did, there is no way for a deceased person to SIGN the POA!!
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There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #5  
Old 11-01-2009, 07:41 PM
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Thank you for that information.

I can appreciate that the woman from Barrack would not know whether or not I could get a POA. But now what do I do. I could use the money that the stock is worth. How do I get this resolved. I live in North Carolina, but my Mom passed away in Illinois.

As I say, I have the certificate of death for my Mom. Is there a way that I can submit that to Barrack and claim that I am the rightful heir to the stock? Nobody ever said that any of this is easy. I appreciate the help.

Christopher Head
  #6  
Old 11-01-2009, 08:34 PM
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Originally Posted by JETX View Post
How is that relevant... the POA does NOT survive the death.... in ANY state.
Further, even if it did, there is no way for a deceased person to SIGN the POA!!
1) OP might not have even been in the U.S.

2) Given the state, might be some suggestions on what to do.

Unless you are planning on spending some time in Illinois, try to find an IL attorney with probate experience - in the county in which your mother resided or close by. In IL, if the value of the estate is less than $100,000 and only personal property is involved, a small estate affidavit can be used. Ask if they can assist in completing the affidavit.
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