I just found out my father passed away several months ago. I am his only child. My step-brother handled my dad's affairs and had power of attorney. My step-mother died a few years ago. My step-brother didn't tell the bank or the company he was getting retirement benefits from that my dad died, and he also didn't authorize the printing of an obituary. I was wondering, if my step-brother used his power of attorney to withdraw money after my father's death, would the bank have to replace that money? Thanks.

This is a great question for a lawyer, but I'll give you a lead on the issue.

Typically Powers of Attorney do not survive the deceased (they have a clause that ends the POA when the person dies) and some even end prior to that date due to other circumstances.

That being said, if he did have what appeared to be a valid POA and the bank was never notified of the death of their depositer, you would have a hard time making a claim against them. Your real claim, if there is one, needs to be taken up in the courts. If your father had an attorney, contact that person, if not, contact your own, or look to a lead through a referral service.

Also, notify the bank and his prior employer of his death as soon as possible; by letter if possible. When notifying the bank also send a copy addressed to the bank's Security Officer. Also, if your father was a Veteran, drawing Soc Security or other government benefit, notify that agency, too.

Was your father in a nursing home when he passed away? If so, a good contact is the nursing home ombudsman. They can give you referals to appropriate agencies and/or sources for legal advice.

I am sorry you are faced with this.....my best wishes.

Many banks and employers, as well as the veterans administration will ask for a copy of the death certificate. In our case, we filed a bank report to our federal regulators when someone had presented a POA and we accepted use of the POA without knowing the Principal was deceased. Of course this was after the fact, but it was on record somewhere.

I hope everything works out for you, contact a good attorney. If you don't have an attorney, either get referrals from friends or contact the bar association in the area, they will provide you with 3 names for you to interview.

You stated that you just discovered your father passed away several months ago, and you were an only child. It sounds like you weren't concerned when he was alive but now think you deserve any money he had and want it replaced. Maybe, what your step brother did was wrong (assuming something is amiss) but you are also wrong for letting it happen. Too many people these days ignore their parents, and then think they are owed something. I guess I'm on a soap box, and if the shoe doesn't fit, I'm sorry. There may be legitmate reasons why you weren't there and only just discoved your father died.

Well, actually there were some very complicated reasons as to why I wasn't there and my step-brother didn't notify me. My father left my mother after having an affair with my step-brother's mother. Not that I was sorry he left, as he was abusive, but it didn't change the fact that he was my father and somewhere deep down I loved him. When I did try to contact him, my step-mother burned my letters, and when I called she'd hung up. He did see two of my children when they were born, but through her slash and burn campaign it was difficult for me to keep up a relationship with him, although not for lack of trying. True, he made his choices as well, but it doesn't change anything for me. He was my father. Thank you though for your soap box position. Remember, you don't know anyone's situation unless you walk a mile in their shoes!

You are correct in stating that you don't know anyone's situtation unless you walk a mile in their shoes. I always try to remember that (and sometimes drive people crazy because of it). That is way I said I was sorry if my comments did not apply to you, which obviously (based on your response) they did not. Sorry for your loss.