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My dad passed away in 2010. My mother just passed away in July of this year. We had her propane company come and get her tank. They owed her 178.00 dollars and sent a check in my dad's name. I called them and asked them to put it in my name since I am the executor of her estate and sole heir. They said they couldn't do that, and that if I had power of attorney I should be able to cash the check. Well they are both deceased. Can I make myself POA? Or does that make me POA?
First of all, shame on that company.
1. If there's a legal aid office in your town, make an appt. take all your paperwork and see if they can clear this up with a phone call.
2. No legal aid office? Make an appt. with your local social security office and take all the paperwork, including death certificates with you. Again, ask them to make a phone call on your behalf.
3. When my son became critically ill I ended up having to contact my local state representative's office for help. He was surprisingly helpful and put one of his aids right on it.
4. Don't hesitate to ask any of the above sources to make a phone call to this business. They are just too darn lazy and heartless to issue a new check. Maybe if one of the above sources give them a little grief they will do what they should done from the very beginning. Good Luck.
A power of attorney, if you had one, is null and void upon death. And you need a living person to decide who will be their POA. If you are Executor you should have a copy of the will. That and a copy of the death certificate should be accepted to take care of ALL the deceased business...banking, mail, utilities, etc. I used to handle death claims at a bank and that is what we needed. Good luck.
Margaret from Denton, TX
Sounds to me like you're getting the run around. You are their next of kin. Did you present them with death certificates?
As stated by a previous response, a Power of Attorney is good only while a person is alive. Because you're the trustee of the estate, you should be able to sign and cash the check. Sign your dad's name, your name followed by the word, trustee.
My wife has been diagnosed with dementia. Her nephew talked her into adding him to her bank accounts without my knowledge. If I get POA, can I have him removed from the accounts?