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Question:

my brother and i have power of attorney on my mothers bank account.she passed and we need the money for the?

funeral,,there is no will.can we take the money out of the account ,,,ihave the bank card

Answer:

Most parents can't afford the funeral insurance. If you are relying on the money to get by on then ask a relative if they can help with the funeral cost. I'm so sorry for your loss and I hope you get help from an adult before facing a funeral director. I know there is a Heaven and she would want what is best for you and your brother. Please don't get ripped off. Get help. Power of attorney still gives you the right to take it out. She made you p.o.a. in case she passes away.
I am sorry for your loss. However the bank will not let you withdraw any funds after the death certificate has been issued. If your mothers death has not been certified and you do not have the certificate go to the bank and try to withdraw as much as possible. If the certificate has been issued you are out of luck as the POA expired with her death and you will need to go to the bank with a certified copy of her death certificate, the POA papers and hope they will issue the funds to you at that point. Otherwise you are stuck waiting until probate goes through which can take forever.
Your power of attorney ceases to exist when she dies. Ask the bank what they need to give you the funds.
I'm sorry to hear about your loss. Like the other responses, your Power of Attorney no longer applies. The solutions really depend on what state you live in. Depending on how much money your mom had in her accounts, different states have different Small Estate laws (for example, total estate not to exceed $10,000), where you can settle an estate without going through probate. All you would need is a death certificate. Additionally, a few states do allow a one-time partial withdrawal for funeral expenses with only a death certificate. The best thing to do is check with your bank to determine a solution.
She's dead. POA died with her. YOu need to contact a probate court and open an intestate estate that will give the admin the power to use the funds for that and account for the money. You might also call and talk to the bank; in some odd situations, they will release funds with a death certificate; but don't hold your breath with that.

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