A bank in Ohio cashed a cd in left for me as an inheritance with a power of attorney that was no longer valid.

Well, I am not sure how the bank would know that the power of attorney was void at the time. I would be relatively sure that the holder of the power of attorney is liable for your funds if they don't turn them over to you. This may be a criminal matter as far as the holder of the power of attorney goes. The bank may or may not be liable. You should consult an attorney for free or look at a contingency suit so you don't owe money unless there's a recovery.

Good luck,
Dana (attorney)

I have a feeling that the bank is not who you need to go after. You need to go after the person who abused the power of attorney. I don't think that you are going to have much luck getting the bank to pay back those funds. One, you will have a hard time proving that they knew the person was dead. That would be very important. It is quite possible that they were not informed especially if the person who would have informed them was the person who held the power of attorney. Next up, they have a lot more money to afford lawyers that you do. Also, the law is probably more on their side. Finally, the fault is with the person who was cashing in the CD. That is the person you need to go after.

I think that you should contact the district attorney and report this. Did the estate go to probate or was there a will? If there was a will then who was the executor? If it went to probate then bring this to the attention of the judge. If this went by a will then bring it to the attention of the executor. If the executor is the person who had the power of attorney then you should contact the DA or get an attorney. The sad part is that you are probably going to need to get an attorney. The DA might say this is a civil matter and not follow thru on it.

Unless the bank had notice that person had died, they are probably not liable for the funds. When someone with a POA that is valid on its face uses the POA to do something that is permitted by the POA, such as withdrawing funds, the bank generally does not have an obligation to investigate.

The action is against the person who misused the POA. But it is not your lawsuit.

This should be done through the probate court. The person stole from the estate. The executor should sue to recover the funds, to be distributed to you.

Most states have "summary" procedures for small estates, if your family member did not leave a lot of assets. See a probate lawyer in your area.

If the bank had no knowledge that the poa was invalid due to the death of the CD holder, then they are not liable for the loss.
If the poa was knowingly executed by the party when it was invalid, then he can be presucted for fraud and grand theft. I suggest you speak with the accused first, and if he doesnt agree to restitution immediately, then contact your DA. If this is a Federally Chartered bank, you may wish to contact the Federal District Attorney.

Well if it was left for you then the poa is in some deep doo doo. The bank shouldnt have cashed it if it was in your name. Thats the only way they would be liable. But the poa had no right to take that. You need to at least talk to a lawyer and see how to handle this. They usually give free legal advice. Now Im not sure where you live but at the law school here in our town you can get a free lawyer thats a student. So you may wanna check that out. When my friends grandma died this same thing happened and all it took was their lawyer to talk to her uncle (the poa). And he gave them their money and let them have whatever they wanted from the house. Good luck.

uh... I doubt the bank would have any legal notice that the POA had expired with the 4 days between the death and the use; so I'm assuming they acted in good faith. Your issue is with whoever comitted fraud by using a POA from someone who was deceased. I'd assume you'll need an atty; but talk to the DA to see if he will accept pursuit of a fraud charge.

there are several lawers that if you tell them them circumstances they will give you advice for free. about who is liable. wether it be the bank or the POA. i would maybe try to go to that bank and explain it to the manager and see what they think. i would think that being it was only 4 days after the death of your family member there was no way for the bank to know that they had passed so there for had no way of knowing that they shouldnt have cashed the cd. so i would think that the POA is the one who owes you the money

If what you say is true, the person who used the POA is guilty of fraud as POAs expire upon the death of the granter. The bank probably didn't know about the death as it was only 4 days prior.