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STEVEJOSEPH · Jun 23, 2009, 05:11 PM

My sibling passed away 2 months ago. He had a PoA drawn up while he was alive naming me as his agent. Several years ago when leaving on military duty he gave me the account PIN and added me as an authorized user on the account as well. While cleaning out his home I came across multiple bills so I began withdrawing money from his account to pay off the bills and build up a fund to pay for funeral expenses. He only had a few thousand in his account... I paid off the bills and am holding the remainder of the money in a safe while waiting to see if his life insurance covers the funeral. I thought the account balance was zero and would automatically close. I am listed as the person responsible for his funeral services. The autopsy was finally completed this week and we are still waiting for his death certificate to be signed and sent to the funeral home. In the meantime, we received a notice from his bank that his account is negative 5 dollars. I went today to make a deposit to the account and now the ATM says the account is "restricted." Not sure what I should do at this point since I still do not have a death certificate to officially close the account. He was not married nor has children and my mother is deceased. My brothers and I are his only "heirs." Is there something else I should do while waiting for the death certificate... I know it is only 5 dollars but I don't want to leave any existing debt out in his name. Any direction/advice would be appreciated. Thanks in advance.

jenniepepsi · Jun 23, 2009, 05:14 PM

If the account is negative you can't make a deposit in the ATM. I have encountered this before. You will have to go INTO the bank to deposit the 5$

Fr_Chuck · Jun 23, 2009, 07:53 PM

First of course you have illegally taken the money from the account, a POA ends at the time of death, so once he died, you no longer had any legal status as a POA.

So if you were a joint owner, then you could get and use the money, but not merely as a user.

You were to wait to pay any bills, send them to the estate, and wait to get the money as part of the estate.

If there is no other heir to challenge you, most likely you wll be oK, but what you did was incorrect.

You can merely go into the bank and deposit the money,