My question involves estate proceedings in the state of: Tennessee
My friend and her brother have a serious problem with their 83 year old mother. This lady is in very bad health, is not well educated, and is VERY paranoid, even to the extent that she will not cooperate with her own children's diligent efforts to take care of her. She is likely to pass away at any time, has had several near misses already and of course she completely refuses to accept this. She will not even consider seeing an attorney or making a will.
She has one checking account at the local small town bank, of which she is the sole owner, no other names on it, and it contains several thousand dollars, $10 to $12 thousand, they believe, though she will not let them look at statements. How she functions is that she writes a check to cash, and has one of the children take it to the bank and get cash, then they go to the store and buy her groceries and supplies, and bring back the goods, the receipts and any leftover cash.
Neither of her children have power of attorney for business or health care and neither is listed as POD on this account. She is not senile, this has been her ordinary approach to life always, she is virtually illiterate, though she had a good job for many years and draws a sizeable retirement pension. She just lets the money build up in that checking account, refuses to deal with bills and notices, etc. And she has multiple creditors, including local government in several places attempting to collect property taxes owed to them, though no one has garnished her checking account (as far as the children know.) The children provide her with utilities and telephone service in their names, though she gives them a check to cash for what the bills are each month because unless they do, she simply will not deal with her affairs.
One of the siblings has voiced the plan that as soon as momma dies, they'll just go down to the bank and draw out all her money, so that they can pay for her funeral and take care of expenses, and the places she owes won't get it all. I know that one is never supposed to attempt to take money from a bank account after someone has died, and the bank is not supposed to let them, but if they did manage to get there and write a check, sign her name to it, or use her teller card and withdraw money from the bank account before the bank finds out she is dead, what exactly would be likely to happen? How can I convince them this is a VERY bad idea?
My friend and her brother have a serious problem with their 83 year old mother. This lady is in very bad health, is not well educated, and is VERY paranoid, even to the extent that she will not cooperate with her own children's diligent efforts to take care of her. She is likely to pass away at any time, has had several near misses already and of course she completely refuses to accept this. She will not even consider seeing an attorney or making a will.
She has one checking account at the local small town bank, of which she is the sole owner, no other names on it, and it contains several thousand dollars, $10 to $12 thousand, they believe, though she will not let them look at statements. How she functions is that she writes a check to cash, and has one of the children take it to the bank and get cash, then they go to the store and buy her groceries and supplies, and bring back the goods, the receipts and any leftover cash.
Neither of her children have power of attorney for business or health care and neither is listed as POD on this account. She is not senile, this has been her ordinary approach to life always, she is virtually illiterate, though she had a good job for many years and draws a sizeable retirement pension. She just lets the money build up in that checking account, refuses to deal with bills and notices, etc. And she has multiple creditors, including local government in several places attempting to collect property taxes owed to them, though no one has garnished her checking account (as far as the children know.) The children provide her with utilities and telephone service in their names, though she gives them a check to cash for what the bills are each month because unless they do, she simply will not deal with her affairs.
One of the siblings has voiced the plan that as soon as momma dies, they'll just go down to the bank and draw out all her money, so that they can pay for her funeral and take care of expenses, and the places she owes won't get it all. I know that one is never supposed to attempt to take money from a bank account after someone has died, and the bank is not supposed to let them, but if they did manage to get there and write a check, sign her name to it, or use her teller card and withdraw money from the bank account before the bank finds out she is dead, what exactly would be likely to happen? How can I convince them this is a VERY bad idea?
Estate Assets and Debts: Can You Empty a Deceased Parent's Bank Account After They Pass Away
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