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Sounds like a small estate other than perhaps the house. It also sounds like you weren't as involved in helping him during his last few months as your siblings were (no judgment, just pointing that out).
The house will have to go through probate if it's worth more than about $30,000 or so (depends on the state). The siblings won't be able to sell it since your dad didn't leave it to them in a will. It will go to you. It is your responsibility to change the locks (preferably) or just kiss the contents goodbye (not as preferable but those are the options). Anyway, pretty sure the contents have been gone through already but maybe there are things that will be valuable to you and not other people.
Not much you can do regarding them selling household items - or taking them for that matter. Used household items generally aren't worth very much anyway.
Keep in mind that you would have to pay an attorney to run down whether or not they've sold things, money in your dad's checking account, etc. Attorneys are expensive. Probably not worth it. But you can ask the estate attorney - which you really need to hire - about that. You live out of state, so you definitely need an estate attorney in the state your dad lived in. He or she will nearly certainly charge you as things are sold or closed out - but check and see. I paid a $5000 retainer for an out of state attorney to handle my mom's stuff out of state, and over a year later there's still money there and most of the work is done so I'll probably get a refund. Anyway, I only had to go up there once and I think I will take one more trip up there and I'll be done.
Going through my dads mail it appears he had a hospital bill for $800. Can I tell the bank about that and ask them to freeze the account so my siblings aren’t able to take his money out yet?
Going through my dads mail it appears he had a hospital bill for $800. Can I tell the bank about that and ask them to freeze the account so my siblings aren’t able to take his money out yet?
Do whatever you can.
IF someone cashed his check fraudulently I would call the cops. The paper trail (and your case) starts right there.
Going through my dads mail it appears he had a hospital bill for $800. Can I tell the bank about that and ask them to freeze the account so my siblings aren’t able to take his money out yet?
What have you done to preempt your siblings from getting money out of his account(s) so far? If THEY haven't informed the bank he's passed, you will need to do that and provide "proof" he did pass if they don't know about you yet. Once the banks know, they'll at least flag the accounts. Your siblings' POAs are expired as of the date of your dad's passing so they won't be able to attempt to pay anything or get money out!
FYI, there's a specific time during probate when creditors (such as the hospital) can present unpaid bills. Call the hospital and inform them he's passed, accounts suspended, and settlement of his estate is pending. Just as you would for mortgage holder, utilities, etc. It happens all the time. That should gain the family (and whoever the executor ends up being) time to deal with that and other bills. They may write it off...can't predict.
Last edited by Parnassia; 06-16-2020 at 11:50 AM..
Going through my dads mail it appears he had a hospital bill for $800. Can I tell the bank about that and ask them to freeze the account so my siblings aren’t able to take his money out yet?
Yes. But you should have an attorney advising you. At some point that account is all theirs & any bills will need be paid from the estate-- not that account which has POD removing it from the estate.
My understanding is that whatever account balance minus outstanding checks at the time of your father's death belongs to the POD.
And if they used POA after his death to write checks, with draw funds, etc., they are guilty of fraud.
FACT: Once the hospital files the death certificate- SS and any financial institution is notified as well. There is
that fail safe catch all set up. Unsure How folks aren't aware of this procedure.
My uncle passed during this recent quarantine. Within 24 hours SS was informed to cease his payment. His bank placed an immediately freeze on his accounts. this is DONE entirely for the sole purpose to stop such behavior . I think the OP is misunderstanding that POD is payable upon death and NOT the same as P O A for financials. One is for when they are alive, so if these siblings were pilfering from his account while living they broke the law. He only signed off ( at least according to the OP, for the POD)
Sorry folks but go ask your bank if you want to know THAT fact.
The Power of attorney for Financials is still SWORN to standards set forth by the bank/state. No where does it say "Gee pilfer from the account for your own gains!"
THE OP absolutely needs to at the least confer with an attorney. And yes the Federal govt has a phone # to call and report the stimulus check misrepresentation. They just so happened to deposit my uncle's stimulus funds and two days later he passed. Upon receiving word of his passing, they immediately had the bank return it. Since all were in agreement that he was deceased.
My Personal opinion is to move forward on retrieving the funds...be it thru an estate lawsuit or by civil law. These two people mismanaged it. And that is NOT kosher by any means.
(snip) And yes the Federal govt has a phone # to call and report the stimulus check misrepresentation. They just so happened to deposit my uncle's stimulus funds and two days later he passed. Upon receiving word of his passing, they immediately had the bank return it. Since all were in agreement that he was deceased.
Side question. Your uncle was alive when he received the stimulus check, shouldn't he (or his estate) have been able to keep it? What if your uncle immediately spent the money on bills (before he died) would the Federal government still insist on getting the money back (from his estate) because he died a couple of days later?
I'm confused. I wonder what the rule is. Your uncle died two days after he received the money. What if he died a week after he received the stimulus check or a month afterwards or a couple of months afterwards. Would the government still take back the money? Hmmm, I wonder. Does anyone know?
I am sorry for your loss.
Back to this thread. Obviously the girlfriend's adult children should NOT get the OP's father's stimulus check, so that is definitely fraud.
I want to point out one very important fact here that was easily overlooked by several posters. These two siblings are not step-siblings. They are half-siblings. The OP's father and mother were never married. They have no biological or legal connection to the father. The OP mentioned that they her father just came over to her mother's house so they grew up knowing him.
They have no more right to any of part of the estate than a stranger UNLESS there was a will naming them.
OP, it's really important that you find someone to secure you father's house. Ideally you could do it yourself, but I understand the difficulty. Do you know anyone in the area that you can trust to meet a locksmith at the house?
I do agree with others that suggested it would be more trouble than it's worth to worry about the $2000 in the bank account. Yes, they likely committed some fraud, but I'd let it be.
I want to point out one very important fact here that was easily overlooked by several posters. These two siblings are not step-siblings. They are half-siblings.
The OP's father and mother were never married. They have no biological or legal connection to the father. The OP mentioned that they her father just came over to her mother's house so they grew up knowing him.
They have no more right to any of part of the estate than a stranger UNLESS there was a will naming them.
OP, it's really important that you find someone to secure you father's house. Ideally you could do it yourself, but I understand the difficulty. Do you know anyone in the area that you can trust to meet a locksmith at the house?
I do agree with others that suggested it would be more trouble than it's worth to worry about the $2000 in the bank account. Yes, they likely committed some fraud, but I'd let it be.
Excellent points. "They have no biological or legal connection to the father."
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