[spittingnails]

I am the executrix of my grandfathers estate. I had POA and went to the bank to change his 2 cd's and checking account. He had a "friend" who was trying to take all his money. I went to the bank and the bank manager stated I could not change one cd because it was set up as a trust with the "friend" as beneficiary. As POA my attorney (and several others) have stated that I can "override" anything that I needed to. I had asked to change his checking account and add me as a co-owner and they put me down as POA instead after the fact. Unfortunately this "friend" was also a "friend" of the banks and did get the other cd after death. I would like to sue the bank for not recognizing me as POA and undue hardship as I had to pay his funeral arrangements because they froze all accts. I went to change his checking account recently and they still gave me a hard time about this. Even though I brought all necessary paperwork with me. I have lost time at work over this because you cannot get a manager on a Saturday. Does anyone have any ideas on where to start with this lawsuit.

[twinkiedooter]

For this type of lawsuit I would definitely recommend hiring a good attorney. Be sure to shop carefully for the new attorney as well before you pay a hefty retainer on this case as it will not qualify for a contingency fee type of case. Depending on how much money is involved that you lost you need to weigh this against what attorney's fees will be. The attorney can ask for attorney's fees in the lawsuit but you must pay him first and then win the case and then you may get awarded the attorney's fees to bring the action.

[ScottGem]

With an attorney

[ebaines]

I don't understand why you think your power of attorney allows you to "override" your grandfather's designation of beneficiary for the CD after his death - please clarify. The whole point of listing a beneficiary on an asset like this is to speed up the transfer of it after death - it passes to the benenficiary outside of the will. Unless I don't understand what you're saying - just because you have POA doesn't mean you can change whatever you want after his death.

[ScottGem]

My understanding here was that you were given POA BEFORE your grandfather's death. And that you wanted to use that POA to recover funds that were being transferred to this "friend".

If this is not a correct interpretation please clarify. Because the POA expired immediately upon the death of your grandfather and, even as executrix, you had no right to change the bebficiary of any asset.

[smearcase]

I don't think I understand all the details but POA ceases at death everywhere that I am aware of in the U.S.
Item 7 in this link covers the issue:
Power of Attorney