Originally Posted by robyng

You can't handle an "estate" unless an estate is set up (it's a separate legal entity - complete with its own EIN). And you are appointed as the personal representative of that estate. Also - a power of attorney terminates upon the death of the person you're the power of attorney for. You can't so much as sneeze on behalf of the deceased until you get new legal authority to act (usually by being appointed as personal representative).

Also - since you mentioned trusts and the like - I would definitely consult with the lawyer who set all of this up - to make sure everything is in order now. And what you have to do when your mother dies.

Note that just because you are personal representative doesn't mean that you're free to do anything with your mother's assets - even if her only assets are her frequent flyer miles. If there's a valid will - the will will govern in terms of beneficiaries. If there's no will - then the laws of the state where your mother is a resident concerning people who die without a will come into play.

When my late mother died - CO transferred all my mother's FF miles into my father's account without a fee when he gave them a copy of her death certificate - and a copy of the part of her will that said he got everything upon her death. My father (94) still has those miles. I am his POA and keep track of them to make sure they don't expire (should he ever care to use them). When he dies - they would go 1/3 to each of his children under his will - unless my brothers decided to waive their rights to them (they live in different parts of the country - and use different FF programs than I do).

Anyway - I'd be sure to cross all my T's and dot all my I's. Courts usually take a dim view of people ignoring the rules when it comes to other peoples' money/assets - especially if they're acting in a fiduciary capacity (and POAs and personal representatives are fiduciaries). And I sure as heck wouldn't use a credit card that's in the name of a dead person. Robyn (I am a lawyer)