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Can the person who is the executor of an estate and has power of attorney CHANGE a will?
BeverlyHingson
The power of attorney cannot change the will. That is not legally allowed.
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∙ 8y ago
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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.
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.
Why can't the power of attorney and executor of the estate be the same person?
A power of attorney is extinguished upon the death of the principal. An executor is the person appointed by the probate court to handle a decedent's estate. One office serves the living and the other office serves the deceased.
Getting power of attorney after parent is dead?
You can't. Power of Attorney is only for people who are alive. You can however petition to become the executor of that person's estate.
What is the difference between Executor and Power of Attorney?
A POA allows an attorney in fact to act on behalf of the principle while the person is living. It is extinguished upon the death of the principal. An executor is appointed by the probate court to settle a testator's estate after their death. An executor is often named in a will but must be appointed by the probate court. An executor only has power after the death of the testator and only after they have been duly appointed by the probate court.
How do you take your name off a Will?
The only person who can change a Will is the living testator. Once the testator has died the Will cannot be changed. You cannot change another person's Will. If you are listed as an heir you can waive your rights in the estate if you do not want your gift. The executor and the attorney who is handling the estate can help.
Is power of attorney possible to be obtained on a deceased individual?
No, a power of attorney represents a living person. You may be able to be appointed executor of the estate.
How do you get a power of attorney for a deceased sibling?
A power of attorney represents a living person. After their death, you would apply to be executor of their estate with the probate court.
Do you need a power of attorney after your dads death?
A power of attorney can only represent a living person. After death, the court will appoint a an executor for the estate.
Who is executor of the state when there is no will in the state of IL?
The court will appoint someone. It may be the person opening the estate, or an attorney or bank.
Is there a such power of attorney that controls a deceased persons will?
No there is not such a thing. A power of attorney ends with the death of the person granting it. The court will appoint an executor that controls the estate.
Can you get a power of attorney for a dead grandson?
No. The power of attorney comes while the person is alive. You need to go to probate court and become executor of his estate.
