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Can an Executor who has Power of Attorney take money out of the Estate before the estate owner dies?
Wiki User
∙ 13y ago
The terms you used in your question are used incorrectly. A person cannot be an attorney-in-fact under a POA and an executor at the same time. A power of attorney serves a living person. There is no executor appointed until the testator dies.
A POA gives an attorney-infact the authority to act on behalf of a living person (the principal). An attorney-in-fact is prohibited by law from transferring the assets of the principal to their own use. When the principal dies the power of attorney is extinguished and an estate representative must be appointed. An executor is appointed by the court if the decedent left a Will. A person isn't an executor until the will has been allowed by the probate court and the court has appointed the executor.
You need to consult with an attorney ASAP who can review your situation and explain your options. You may need to sue the AIF.
Wiki User
∙ 13y ago
Wiki User
∙ 9y agoThe attorney in fact under a power of attorney only has that power while the principal is living. Once the principal has died the power of attorney is extinguished by law and the attorney in fact cannot touch the estate property. If they do you should file a police complaint for theft.
The attorney in fact under a power of attorney only has that power while the principal is living. Once the principal has died the power of attorney is extinguished by law and the attorney in fact cannot touch the estate property. If they do you should file a police complaint for theft.
The attorney in fact under a power of attorney only has that power while the principal is living. Once the principal has died the power of attorney is extinguished by law and the attorney in fact cannot touch the estate property. If they do you should file a police complaint for theft.
The attorney in fact under a power of attorney only has that power while the principal is living. Once the principal has died the power of attorney is extinguished by law and the attorney in fact cannot touch the estate property. If they do you should file a police complaint for theft.
Wiki User
∙ 9y agoThe attorney in fact under a power of attorney only has that power while the principal is living. Once the principal has died the power of attorney is extinguished by law and the attorney in fact cannot touch the estate property. If they do you should file a police complaint for theft.
Wiki User
∙ 12y agoIf they owner hasn't died, there is no estate. The power of attorney as a fiduciary duty to the individual.
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When a person with a reverse mortgage dies can the executor give the house to the reverse mortgage company?
The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.
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.
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.
Is the executor responsible for the lawyers fees?
The estate is responsible for attorney's fees. The executor is responsible to pay the debts of the estate before any property can be distributed. If the executor mishandles the funds they will be personally liable.
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.
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 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)
The will states all deceased's children must agree on everything before six months is up. What rights do you have if the executrix is going ahead and not involving other children?
File a complaint with the court if you think the executor is mishandling the estate. You should also contact the attorney who is handling the estate.File a complaint with the court if you think the executor is mishandling the estate. You should also contact the attorney who is handling the estate.File a complaint with the court if you think the executor is mishandling the estate. You should also contact the attorney who is handling the estate.File a complaint with the court if you think the executor is mishandling the estate. You should also contact the attorney who is handling the estate.
Can you transfer a property that is willed to you in NY State without putting property in your name?
You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.
Does power of attorney also takes care of estate on items to be sold?
The power of attorney ends with the death of the grantor. The executor handles the estate.
You are power of attorney for your mother you have to pay private pay for her if she passes before the money is spent who gets the money?
The money belongs to her estate. The executor of the estate will distribute it according to the will.
