Nicasio, CA Estate Planning Law Firms & Lawyers

If it is under $150,000 she will need to do a small estate affidavit and return the check to have it reissued to her. That is the easiest way. She will need a Certified Death Certificate as well. She can try to present the death certificate and small estate affidavit to the bank to cash it, but typically they will not do it. Good luck.

Generally, a POA does not grant the power to change the beneficiary designation on an IRA account. Moreover, general POA rules would not allow an agent under the POA to change it to themselves. Something may be very wrong here. I urge you to move quickly, notify the IRA custodian to hold the funds and hire an attorney to evaluate the situation.

Not sure what your first sentence means. Did your mother give her property to sister-in-law using a "quit claim deed?" If you give someone property, that's it done deal. Sister-in-law owned the property, she sells it, keeps the $130,000. Now your next sentence seems to be saying that Mom went into residential care which was paid for by Medicaid. If I'm right about that, and I'm right about the property being deeded, then a fraud was committed on the State of Oregon when the Medicaid application was submitted. The will only affects what your Mom owned when she passed away, did she own her house when she died? Did she own the proceeds of sale of the house? If your mother gave her house away six years ago, you may have a statute of limitations problem. In any case, you have two choices, hire a lawyer and find out what can be done, or let it go. Sister-in-law is hoping you'll let it go.