New York State
My father passed away April 2008. I am his only child. After he suffered a stroke 4 yrs. ago, I obtained power of attny, took over paying his bills, etc. while he lived in a nursing home. I had his house transferred into my name (to protect his assets), he had a joint checking acct. with both of our names, I sold many of his belongings at a house sale, sold the house last year...Most of that money went for his nursing home costs. Some of the house money I put into CD's in my name ($20k) for his care. That is still intact.
Then he passed away. My cousin is named as executor on his will and then myself. He also left her $5k and the rest to me. His bank accts. are empty after paying bills, etc. He had only enough $$ in his life insur to cover funeral costs. So all of his assets and money are gone.
EXCEPT: He had some STOCKS Only valued now at $550, they have plumeted over the last couple years. I tried after his stroke to have them transferred in my name, to cash them in, sent the bank the POA pwork, etc. Several times I did this, they kept saying they never received it, didn't know what I was talkiing about....Then they said they wouldn't recognize the POA because it was over a year old, they req'd their own POA form dated w/in the past 30 days. OR a recertification of the previous POA by an attny. I had the later done by an attny. They still didn't recognize it.
Then my father died. So, I called them again and told them the situation. I sent them a death certificate. He didn't have a beneficiary named on his acct. So, it will have to go to PROBATE they said.
The ISSUE: My cousin a money grubbing drunk who took advantage of my father in his final years and contributed to his confusion, illness, and general well-being. I don't want her to get a penny. (She asked for her $5k from my father about 6 yrs ago - the nerve. He told her to get lost. Then she asked me for it after his stroke. I told her the same.) The only time I've spoken w/ her in the last few years was when she was drunk - she's a SEVERE alcoholic.
I do not speak to her. She knows nothing about any of his affairs. She rescinded her responsibilities of Health Care Proxy when he ended up in the hosp. w/ pneumonia last yr. She was too bothered by the hosp. calling her. I made the decisions all the while.
I'm not sure what to do. I was ready to just let the bank have the $550 because the cost of probate and dealing w/ my cousin isn't worth it. But, because they are stocks, I'm not sure what the value might be in the future or how long they will keep the acct open. They currently have the acct. opened and the value has been fluctuating. The statements come to my address w/ my dad's name on them.
The bank - HSBC- is not very cooperative and I'm extremely frustrated w/ them. I have no idea how much probate would cost, if it's possible to have her executor status revoked, or if I should just leave it in the acct., let the bank absorb it?? ?????
THANKS
My father passed away April 2008. I am his only child. After he suffered a stroke 4 yrs. ago, I obtained power of attny, took over paying his bills, etc. while he lived in a nursing home. I had his house transferred into my name (to protect his assets), he had a joint checking acct. with both of our names, I sold many of his belongings at a house sale, sold the house last year...Most of that money went for his nursing home costs. Some of the house money I put into CD's in my name ($20k) for his care. That is still intact.
Then he passed away. My cousin is named as executor on his will and then myself. He also left her $5k and the rest to me. His bank accts. are empty after paying bills, etc. He had only enough $$ in his life insur to cover funeral costs. So all of his assets and money are gone.
EXCEPT: He had some STOCKS Only valued now at $550, they have plumeted over the last couple years. I tried after his stroke to have them transferred in my name, to cash them in, sent the bank the POA pwork, etc. Several times I did this, they kept saying they never received it, didn't know what I was talkiing about....Then they said they wouldn't recognize the POA because it was over a year old, they req'd their own POA form dated w/in the past 30 days. OR a recertification of the previous POA by an attny. I had the later done by an attny. They still didn't recognize it.
Then my father died. So, I called them again and told them the situation. I sent them a death certificate. He didn't have a beneficiary named on his acct. So, it will have to go to PROBATE they said.
The ISSUE: My cousin a money grubbing drunk who took advantage of my father in his final years and contributed to his confusion, illness, and general well-being. I don't want her to get a penny. (She asked for her $5k from my father about 6 yrs ago - the nerve. He told her to get lost. Then she asked me for it after his stroke. I told her the same.) The only time I've spoken w/ her in the last few years was when she was drunk - she's a SEVERE alcoholic.
I do not speak to her. She knows nothing about any of his affairs. She rescinded her responsibilities of Health Care Proxy when he ended up in the hosp. w/ pneumonia last yr. She was too bothered by the hosp. calling her. I made the decisions all the while.
I'm not sure what to do. I was ready to just let the bank have the $550 because the cost of probate and dealing w/ my cousin isn't worth it. But, because they are stocks, I'm not sure what the value might be in the future or how long they will keep the acct open. They currently have the acct. opened and the value has been fluctuating. The statements come to my address w/ my dad's name on them.
The bank - HSBC- is not very cooperative and I'm extremely frustrated w/ them. I have no idea how much probate would cost, if it's possible to have her executor status revoked, or if I should just leave it in the acct., let the bank absorb it?? ?????
THANKS