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Can you pass power of attorney down to your husband if you die?
Wiki User
∙ 15y ago
If you were grated a POA to act for some other person then you have no right to transfer that power to anyone else. If an attorney-in-fact dies the principal needs to appoint a new attorney-in-fact.
Wiki User
∙ 15y ago
Wiki User
∙ 11y agoPower of Attorney is not valid after the death of the individual granting it.
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Who normally has power of attorney when someone dies and leaves a will?
When someone dies and leaves a will, it does not always state who has power of attorney. To gain power of attorney, one would need to complete a form, naming the person they wish to pass power of attorney to.
Is a power of attorney still valid after the principal dies?
A power of attorney terminates when the principal dies.
Can deeds be transferred in wife's name as husband has gone away?
No. You need to check with an attorney if the property is in the husband's name or owned jointly. Either he must sign the deed or if he is "of parts unknown" his title must pass by virtue of a court decree. If he is away in military service or other employment then his wife must have a power of attorney in order to sign his name to the deed.
Is it legal for the attorney-in-fact under a Power of Attorney to sign a DNR and make themselves the benficiary of bank assets?
The power of an attorney-in-fact under a General Power of Attorney is extinguished when the principal becomes incapacitated. An attorney-in-fact under a Durable Power of Attorney, or Medical Power of Attorney, can sign a Do Not Resuscitate Order. However, they cannot execute any instrument naming themselves as beneficiary of the patient's assets. Self dealing by a legal fiduciary is against the law. The decedent's property will pass according to the terms of their will or according to the state laws of intestacy if they had no will. You can check your state laws at the related question link below.If the situation mentioned in the question occurred it should be discussed with an attorney and brought to the attention of the court.The power of an attorney-in-fact under a General Power of Attorney is extinguished when the principal becomes incapacitated. An attorney-in-fact under a Durable Power of Attorney, or Medical Power of Attorney, can sign a Do Not Resuscitate Order. However, they cannot execute any instrument naming themselves as beneficiary of the patient's assets. Self dealing by a legal fiduciary is against the law. The decedent's property will pass according to the terms of their will or according to the state laws of intestacy if they had no will. You can check your state laws at the related question link below.If the situation mentioned in the question occurred it should be discussed with an attorney and brought to the attention of the court.The power of an attorney-in-fact under a General Power of Attorney is extinguished when the principal becomes incapacitated. An attorney-in-fact under a Durable Power of Attorney, or Medical Power of Attorney, can sign a Do Not Resuscitate Order. However, they cannot execute any instrument naming themselves as beneficiary of the patient's assets. Self dealing by a legal fiduciary is against the law. The decedent's property will pass according to the terms of their will or according to the state laws of intestacy if they had no will. You can check your state laws at the related question link below.If the situation mentioned in the question occurred it should be discussed with an attorney and brought to the attention of the court.The power of an attorney-in-fact under a General Power of Attorney is extinguished when the principal becomes incapacitated. An attorney-in-fact under a Durable Power of Attorney, or Medical Power of Attorney, can sign a Do Not Resuscitate Order. However, they cannot execute any instrument naming themselves as beneficiary of the patient's assets. Self dealing by a legal fiduciary is against the law. The decedent's property will pass according to the terms of their will or according to the state laws of intestacy if they had no will. You can check your state laws at the related question link below.If the situation mentioned in the question occurred it should be discussed with an attorney and brought to the attention of the court.
Is durable power attorney still in effect after they pass away?
No, a durable power of attorney is no longer in effect once the person who granted it passes away. After the person's death, the authority given to the agent under a durable power of attorney immediately terminates.
My husband is on the deed we are both on the mortgage and he has died. Am I responsible for the debt?
If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.
If a man with power of attorney for his living mom dies will his POA for his mom transfer to his wife or to the POA of his moms body or to his other living sibling and what legal action is necessary?
The power of attorney for the mother does not pass on to anyone upon the death of the attorney-in-fact. That power dies along with the son. When a person gives her power of attorney to another person (the attorney-in-fact), that choice is considered so personal that it cannot be passed on to any another person. A good POA will include a provision for an alternate attorney-in-fact to be empowered upon the death of the first person in the same way that a will provides for an alternate executor.
Your father died without a will and your uncle his brother has power of attorney are you entitled to everything he owns?
A power of attorney is extinguished by the death of the principal. In the absence of a will, estates pass according to the laws of intestacy in your jurisdiction. Your father's estate must be probated in order for the title to the real estate to pass to you legally. Title to real estate can only pass to the heirs through probate court. You should seek the services of an attorney who specializes in probate and commence a probate proceeding to be appointed the Administrator of your father's estate. You can check the laws of intestacy for your state at the link below.
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What exam must attorney's pass?
The Bar exam.
What is a nonrecoverable attorney fee for foreclosure?
A non-recoverable attorney fee in foreclosure is a fee for work performed by the attorney (usually the bank's attorney) that the bank has to pay for but cannot pass on to the mortgagor.
In a CA case where there are 2 children and the deceased is not married what happens if the oldest child transfers power of attorney to his Mom does the entire estate go to the younger sibling?
If the decedent had two children and no will the estate would pass to his children equally according to the state laws of intestacy. If one child granted a power of attorney to his mother that means she has the authority to represent him in all legal matters. It does not affect the inheritance.If the decedent had two children and no will the estate would pass to his children equally according to the state laws of intestacy. If one child granted a power of attorney to his mother that means she has the authority to represent him in all legal matters. It does not affect the inheritance.If the decedent had two children and no will the estate would pass to his children equally according to the state laws of intestacy. If one child granted a power of attorney to his mother that means she has the authority to represent him in all legal matters. It does not affect the inheritance.If the decedent had two children and no will the estate would pass to his children equally according to the state laws of intestacy. If one child granted a power of attorney to his mother that means she has the authority to represent him in all legal matters. It does not affect the inheritance.
