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How Can I Find Out If My Deceased Brother's Landlord Had Power Of Attorney Over Him?

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Jiggirl

Junior Member
I live in New York.

My brother died 2/21/07. One of the tenants in his building strongly believes the landlord somehow got power of attorney over my brothers assets before he passed away. I just found out that my brother's bank account is empty (got right over his estate thru public administrators office after he died b/c my brother had no spouse or children).

The public administrators office appointed me executress of his estate. Even though his estate was by no means vast, shouldn't the landlord have informed me of this power of attorney?

I just need to know how to find out if my brother did sign everything over to the landlord.

Thank you.:)What is the name of your state?
 


Dandy Don

Senior Member
Consult with a local probate attorney. Now that you are executrix you have the legal power/authority to request bank account records from the bank and you can see how the account was set up and who was issued the last check and ask the bank whether this landlord presented power of attorney or not, but you need to do it properly. And also ask your attorney if this state has laws regarding abuse of POA and whether landlord is guilty of that or not. Your attorney can also ask the landlord by mail if he had POA.

DANDY DON IN OKLAHOMA ([email protected])
 

BlondiePB

Senior Member
Furthermore, the only one allowed to access your brother's apartment is the Personal Representative/Executor of his estate, including his landlord. POAs expire upon the death of the grantor.
 

Jiggirl

Junior Member
Dandy Don & Blondie

Thank you for your response...very helpful. I am the legal executrix and I was able to enter his apartment and disseminate his property. The apartment was sealed by police when he died and they DID NOT let the landlord get in...I was the only one that was allowed to break the seal. So, I need to get a probate attorney. I've already requested information from his bank...they haven't responded yet.:)

Jiggirl
 

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