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POA died with intestate Grandmother, insolvent estate - DoD & City of Boston want recent deposits back

Hello. My wife had power of atty to help her grandmother pay bills. Her grandmother has died, leaving no assets, no will. The dept of defense and city of boston as they have for years have deposited monthly funds - not having knowledge of death. The POA is null and void now and wife has no capacity to send funds back...what are her responsibilities? I mentioned the accounts are virtually empty, are not signatories on accounts, do not want cash that isn't ours..etc.... so we don't want to go thru probate, get appointed as executors...advice? Do we just walk away? We called DoD and they said they would send a form so they could claw back the money directly from the account and never sent it so wife just wrote a check to send funds back and of course it bounced due to an extinguished POA...I would like to just wash my hands of this and let the depositors just figure it out...also, there are no other bills or creditors, and we have already stopped the SS payments and nursing home bills have been handled and finalized by MassHealth...so, do I need to pay an attorney for advice?...we are out of state and cannot afford to legal advice on an estate that we are not legally connected to...Help please...

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Submitted Thu, 04/13/2017 - 13:13

If your wife was only a POA, all of her responsibilities and rights were extinguished at her grandmother's death. As long as you no longer have access to any of these funds, you have no obligations to anyone paying into the accounts either. You have already done more than you were legally required to do by notifying the DoD and City of Boston of her death. You don't have any personal liability for your grandmother's debts. If the creditors want to pursue the estate, they can open up a probate themselves, but you can just walk away here without worrying.

Atty. David Owens



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