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After death of the grantor of POA who is in charge of the estate?
Wiki User
∙ 15y ago
A Power of Attorney has no relationship to the estate. A Power of Attorney automatically ends at the death of the grantor.
The will names an executor who will be responsible for the administration of the estate.
If there is no will, the court can appoint an executor. If there is no family member that all the beneficiaries agree can be the executor, the court will appoint a bank or attorney to serve as the executor, at the appropriate fees, of course.
Consult a probate attorney in your state or country for further information.
The executor named in the will or the administrator appointed through the court if there is no will is in charge of the estate after death. The power of attorney has no effect once the grantor dies.
Wiki User
∙ 15y ago
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When a person dies intestate and their son in poa can he take the entire estate and not divide with siblings?
No. The Power of Attorney expires on the death of the grantor.
If you have power of attorney am I responsible for existing debt at death?
No. POA's become null and void at the time of the grantor's death. The administrator of the deceased person's estate is responsible for the payment of creditor debts and other matters.
If you become power of attorney for a deceased sibling can you be held responsible for their debt?
No. There seems to be some confusion as a POA becomes null and void upon the death of the grantor. However, the POA grantee is never responsible for the debt of the grantor beyond said grantor's financial assets.
Can power of attorney be rescinded?
The persons wishing to have the POA invalidated must follow the prescribed legal procedure according to the laws of the state in which the POA was granted. When a POA grantor dies the POA becomes invalid and the deceased's financial matters become the jurisdiction of the probate court and the executor of the estate. If no executor was named in the Will or no Will was current the probate court appoints someone to oversee the estate of the deceased.
Can a POA pass the grantor's checks through the POA's own account?
No, a power of attorney (POA) cannot use the grantor's checks through the POA's own account. A POA is obligated to act in the best interest and welfare of the grantor, and using the grantor's checks for personal gain would be a breach of fiduciary duty. The POA should only use the grantor's assets for the grantor's benefit and within the bounds of the law.
Can a power of attorney revocation be retroactive?
Generally, you cannot make a revocation of a POA retroactive. The party who relied on the POA, such as a bank or purchaser of real estate, had the right to rely on it until it was officially revoked and they had notice of the revocation.
What can be done if an individual who has Power of Attorney is misusing the credit cards of the POA grantor?
Why do they "know" they won't be held responsible? They believe the person who issued the POA will never find out, or ...? Being given a POA is not a license to steal/self-deal. One has a fiduciary duty to the person who issued the POA. * A POA becomes null and void upon the death of the grantor. When the deceased estate is probated any misuse of funds or mishandling of property will be discovered upon the auditing of the estate. A person abusing POA authority can be held directly responsible for such actions and said acts could result in both criminal and civil penalties.
You are a daughter and have a power of attorney to sell your parents property when your father suddenly dies?
Your POA expired upon your father's death. His estate must be probated in order for you to have the legal authority to sell the real estate.
If I signed the hospital admission forms as POA am I responsible for the debt after my mother's death?
No. Your mothers estate would be however There is no estate. She did not own a home or property.
Who is entitled to poa in death when none is previously established?
No one gets a power of attorney after the death of an individual. The executor of the estate will get a letter or authority.
Can a power of attorney write checks to themselves?
The permission to write checks on an account depends on whether the power of attorney (PoA) is general or limited. The general PoA allows the holder to do practically anything the grantor can legally do. A limited PoA would have to stipulate that writing checks on the grantor's account is permitted. If the PoA allows it, and writing a check to yourself is not prohibited by the bank policy, the answer is YES.
Can you get the back pay that is owed to the deceased person if you are the power of attorney?
No. Once the principal has died the POA is expired. That is a task for an estate representative.No. Once the principal has died the POA is expired. That is a task for an estate representative.No. Once the principal has died the POA is expired. That is a task for an estate representative.No. Once the principal has died the POA is expired. That is a task for an estate representative.
