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Can a executor of they estate transfer her power of attorney to her daughter?
Wiki User
∙ 10y ago
This is very tricky. It all depends on the original estate documents. If the documents state something like " If _______ is unable or unwilling to serve or ceases to act then _________ shall act..." In this case I would suggest no because the original person whose documents you are executing already covered that. However, if no one else is listed and the mother has a power of attorney that states that the daughter may act on her behalf to settle estates and trusts then yes that power can be exercised in accordance to the documentation under the guidelines of the state and the county. But as stated earlier if backup individual is listed if the first can not do the duty then no.
Wiki User
∙ 10y ago
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How do you transfer the deed of a deceased parents in Texas to the executor of the estate?
The executor now controlling the estate has to do the transfer but if they had an executor, there is probably also a will, attorney, and a beneficiary (ies)
Can you transfer a property that is willed to you in NY State without putting property in your name?
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When a person with a reverse mortgage dies can the executor give the house to the reverse mortgage company?
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How do you transfer stock when the owner is dead and left a power of attorney?
The power of attorney has no value. The probate court will have to appoint an executor for the estate, who can then transfer the stocks.
Can an estate executor sign over responsibility to the estate attorney in Tennessee?
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How does the power of attorney assign an executor to and estate?
A Power of Attorney is extinguished when the principal dies. The attorney-in-fact has no power to do anything. The probate court appoints the executor or administrator for the estate.
Does the executor of an estate pay attorney fees out of their compensation?
They do not pay the estate attorney's fees, the estate does. If they hire their own attorney, yes, they have to pay them.
Who becomes the executor of an estate if no one accepts being executor and no relatives?
The court will appoint an executor either an attorney or a bank. The cost will come out of the estate.
Does a lawyer have a fiduciary duty to only the executor of estate or all the beneficiaries of said estate?
The attorney has a fiduciary-client relationship with the executor. Note that if a beneficiary believes they have a valid cause of action against the executor for mishandling the estate the beneficiary must retain their own legal representation. The attorney who is handling the estate will represent the executor.
How does the daughter of a deceased person obtain power of attorney to access medical notes?
The power of attorney only represents a living person. You would need to have a letter of authority as the executor of the estate.
If the attorney of an estate is also the personal representative of that estate can she sell the real estate and collect both the real estate commission and her attorney fees?
The real estate agent is the person who collects a commission on the sale of the real estate not the estate representative (executor/administrator). Generally a person who fills both roles, attorney for the estate and executor, can charge for both services.
After death of the grantor of POA who is in charge of the estate?
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.
