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Before he died your father gave his wife a Power of Attorney. As his only child do you have any right to his property?
Wiki User
∙ 14y ago
A Power of Attorney expires immediately upon the death of the principal. Your state laws determine if you have any interest in your father's estate if he died intestate or without a will. His surviving spouse is entitled to at least a portion of the estate, and in some states all of the estate, regardless of the length of their marriage. You can check the law in your state at the related question link provided below.
Wiki User
∙ 14y ago
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If your dad signed power of attorney to a woman whom he was not married do his children have rights to his property?
No type of power of attorney survives the grantor's death. Assuming your dad has died, the power of attorney is null and void. However, if a party is unaware that your dad has died, it is possible that they may not be held liable for honoring it. If this woman knows that your father is dead and is still going around acting on his behalf, you should consult an attorney about stopping her. You should also notify anyone who has possession of (or control over) any of your father's property (banks, investment companies, etc) that he has died in order to protect the property. A power of attorney gives the woman no rights over your father's estate. Only the executor of the estate can control the disposition of the estate's property. Again, if there is some question about who is disposing of his property, it would be wise to consult with an attorney promptly before any more property is lost.
Does enduring power of attorney entitle you to sell property before death if family in will are to inherit said property?
yes
If no will can the Power of Attorney be used as a will?
A power of attorney is not a will! The power of attorney ended on the death of the grantor. An estate will have to be opened and the law of intestacy will be applied to the property.
If a person that reserves a life estate in property but does not occupy the property becomes incapacitated and has a power of attorney does the appointed person have control over the property?
The power of attorney will have control of the property as long as the individual remains living. The life estate and the power of attorney expire on the death of the grantor.
i have power of attorney over my daughter for property she owns in tx.she is in process of a devorce now.can anyone try to invole the land in the devorce/with me being power of attorney?
If the property was owned jointly with her spouse or his name is on the deed, this is community property and he gets half, regardless of power of attorney.
Which is the ruling document - a Will or a Continuing Power of Attorney for Property?
The will should take precedence. A power of attorney ends on the death of the grantor.
Can a power of attorney lease a property?
You can look in your state statutes to see what authority an agent may be granted in a power of attorney.
If a power of attorney was executed for an elderly step-father does a biological daughter have rights to revoke it and become the power of attorney?
Daughter does not have the power to revoke her father's Power of Attorney unless she has become his legal guardian. She does not have the authority to make herself the attorney-in-fact. However, father has the right to change his attorney-in-fact if he wants to and as long as he has the legal capacity to do so. Perhaps you should consult with an attorney who specializes in elder law if you are concerned.
Can an attorney-in-fact under a Power of Attorney sell off investments which were left to someone else and then keep the proceeds?
A Power of Attorney expires immediately upon the death of the principal. The attorney-in-fact has no power whatsoever to do anything with property after the death of the principal. You should discuss this situation with an attorney ASAP or with someone in your local district attorney's office. The attorney-in-fact had no legal power to sell property of the decedent and can be criminally prosecuted.
Can person with a power of attorney take property from other residents when they live in another state?
An attorney in fact under a power of attorney acts on behalf of the principal and has the authority to handle the principal's business and property. If the principal has property in another state the AIF can collect it on behalf of the principal. If the property does not belong to the principal then the AIF has no authority to take it.An attorney in fact under a power of attorney acts on behalf of the principal and has the authority to handle the principal's business and property. If the principal has property in another state the AIF can collect it on behalf of the principal. If the property does not belong to the principal then the AIF has no authority to take it.An attorney in fact under a power of attorney acts on behalf of the principal and has the authority to handle the principal's business and property. If the principal has property in another state the AIF can collect it on behalf of the principal. If the property does not belong to the principal then the AIF has no authority to take it.An attorney in fact under a power of attorney acts on behalf of the principal and has the authority to handle the principal's business and property. If the principal has property in another state the AIF can collect it on behalf of the principal. If the property does not belong to the principal then the AIF has no authority to take it.
If I assign a power of attorney to a friend can he misuse it to sell my property?
Many companies will not recognize a power of attorney, and will consult you before allowing them to make rash decisions, although, if you feel this individual may backstab you, you should certainly not give them the ability.
My father has power of attorney over my mother if he dies does it transfer to his executor?
No. A Power of Attorney expires immediately upon the death of the principal or the attorney-in-fact unless the Power of Attorney document provides for a named successor.
