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A POA is primarily granted to another who can sign documents and carry on daily business for the convenience of the principal while they are alive. It expires at the moment of death. It gives no special rights in the estate of the deceased principal.

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15y ago
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14y ago

No. The POA expires immediately upon the death of the principal. It has no power or privilege that last beyond the death of the principal.

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Q: Does having power of attorney entitle one to a percentage of the estate?
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How do you protect yourself when buying land in Louisiana from a private owner?

You protect yourself in any real estate purchase by being represented by an attorney who specializes in real estate, by having the title to the land examined by a professional (this will be arranged by the attorney) and by purchasing title insurance.You protect yourself in any real estate purchase by being represented by an attorney who specializes in real estate, by having the title to the land examined by a professional (this will be arranged by the attorney) and by purchasing title insurance.You protect yourself in any real estate purchase by being represented by an attorney who specializes in real estate, by having the title to the land examined by a professional (this will be arranged by the attorney) and by purchasing title insurance.You protect yourself in any real estate purchase by being represented by an attorney who specializes in real estate, by having the title to the land examined by a professional (this will be arranged by the attorney) and by purchasing title insurance.


Do I need an attorney for estate planning?

An attorney for estate planning is not mandatory, although, it would be a good idea to hire one due to them having knowledge of state rules. This information was gathered from about.com


In what types of cases would one need a real estate attorney?

You might need a real estate attorney if you are a tenant and having problems at the place you live. You might want to request a consultation to speak with a lawyer.


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.


Having Power of Attorney can you sell without probate house left by Will to only heir and executor of estate having no debts or liens if death certficate not yet filed?

No. The Power of Attorney expired on the death of the grantor. Real property cannot be transferred without a letter of authority from the probate court.


If a daughter has a power of attorney and if her mother dies should the property be divided among daughters or will it remain in the hands of the single daughter?

Having the power of attorney should only apply while the mother is alive, after that the estate is settled with a will and if there is no will can be contested in a court.


Can life estate be reversed when sold house to daughter the attorney gave mother-in-law a life estate written on the new deed without having the agreement to the life estate signed by mother-in-law?

Your question is extremely hard to follow. Generally a life estate cannot be "reversed". The attorney isn't the one who grants a life estate. The owner of the property grants it in the deed. If the mother-in-law owned the property and conveyed it reserving a life estate for herself it can't be reversed. Generally, the recipient of a life estate doesn't sign the deed "in agreement". For example, Sally can grant her property to Sheila for life and the fee to Tom and Jerry upon Sheila's death. Sheila wouldn't be required to sign that deed. A life estate isn't considered an agreement. You should discuss the life estate with an attorney to determine the rights and obligation of both parties.


What can I do my husband died my name is on deed not mortgage can I sell the house?

This is where having an estate would be a big help. The estate essentially represents your husband. Yes, you are going to be able to sell the house, subject to the mortgage, of course. Whether you have to use the estate or not to do so, the bank will tell you. Consult a probate attorney and they will help you out.


If proceeds from an estate are paid out incorrectly does the person have to return the money?

The executor or administrator should contact the person to whom the money was paid in error and request they return the funds. This should be done through the lawyer who handled the estate and on that attorney's stationary. If the person having been so notified fails to return the money, the attorney who handled the estate should be able to address this situation and provide guidance in finding a resolution. Generally, estate fiduciaries who have been duly appointed by a court are required to be covered by a bond that guarantees the correct disposition of the estate.


In NJ can an Friend Attorney or his wife be the writer attorney executor and be the beneficiary of a greater than equal amount of the estate?

That is a terrible idea. Having the same attorney write the will, act as executor and be named beneficiary would leave the will wide open for challenge. You should have an objective third party draft the will and follow their advice about naming the executor.


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There are many advantages of having a DUI attorney go to court with you. A specialized attorney will have experience in handling this type of case, and knows all the tricks.


Can a boyfriend be Power of Attorney?

A person having the capacity to contract is qualified to act as an attorney-in-fact.