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Estate problem

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K

kengol

Guest
My mom became ill 6 years ago and wasn't expected to live. While she was in the hospital my sister talked my mother into giving her power of attorney and promptly closed my mother's bank account and took every penny that she had. Mother moved in with me.
I worked with an attorney to get her money returned. Once returned the lawyer advised me to set up a bank acount where the money automatically goes to the surviving person on the account. I did as advised and I am the executor of her will.
She has lived with me for 6 years & I have been her sole means of care. Although my sister writes her periodically, she has not called my mother or me to see if there is anything she can do to help and hasn't she come to see her one time. The will provides a 50/50 split.

My question is what did setting the bank account up in that fashion buy me? Does the signature card superceed the will or does the will superceed the card? Does setting the account up that way gives me the money lock, stock, and barrel or only gives me control of the money. I am unhappy with my sister for not calling or coming and don't plan to give her anything more than I am legally forced. My mom is still receiving care in my home by a hospice group (terminal care). Since she is not expected to live very long I am wondering what I can or can't legally do with her account. I have her power of attorney so I could legally move the money or close the account but do not want to if there was another way to handle it.
 


A

advisor10

Guest
1-29-2002

DEAR KENGOL:

Setting the bank account up in that fashion means that the money will immediately pass to your ownership when your mother dies, and it will not have to go through probate court. The money will be yours to spend any way you want to. The signature card DOES supercede the will.

As long as your power of attorney is dated more currently than the one your sister had 6 years ago, then you are in control. As far as possible, try to make sure that your sister does not get another your mother to sign another power of attorney or another will that is dated after yours.
 

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