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South Dakota Power of attorney

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J. Hurd

Junior Member
South Dakota

My wife and I have a will naming our Granddaughter as executor of our estate. Our question is what type power of attorney or other document would she need in addition to the will to withdraw funds and conduct other financial business with the bank in the event we should both perish together?
 


S

StuckOnStupid

Guest
J. Hurd, your granddaughter won't be able to do anything with a Power of Attorney or your Wills once you are both dead. Your words..... ["to withdraw funds and conduct other financial business with the bank in the event we should both perish together"]

Once you are dead a Durable Power of Attorney is no longer effective. The Will has to go through Probate Court and until a Judge signs a court order naming your Granddaughter as your Executrix or Personal Representative and issues Letters of Administration she has no legal power to act.

You should consider a Revocable Trust rather than a Will.

You are under the typical misunderstanding that the person you name in your "Will" to handle your Estate is ALL POWERFUL. Not so. They are actually powerless. When a person dies the Executrix doesn't simply take the Will to the bank and close the accounts or start writing checks or close brokerage accounts or sell the real property until and unless the will is certified as authentic and that power is grant by court order by a probate judge.
 
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