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How does the power of attorney assign an executor to and estate?
Wiki User
∙ 14y ago
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.
Wiki User
∙ 14y ago
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Can the Power of Attorney assign himself and his brother to be the executor of their mother's estate?
No they cannot. There is a prohibition against making a will for another person, even if they have given you power of attorney. They can request to be appointed executors once the mother has passed away.
Can the person who is the executor of an estate and has power of attorney CHANGE a will?
The power of attorney cannot change the will. That is not legally allowed.
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.
Can an executor appoint an attorney in fact?
An executor of an estate has the right to appoint an attorney to act on behalf of the estate. The attorney may collect debts owed of the estate, and defend the estate against any claims against it.
Can a granddaugther be head of estate if she was already the power of attorney?
Anyone can serve as executor. The Power of Attorney died with the grantor.
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.
Can a power of attorney disperse money from a will or does a lawyer have to do it?
A Power of Attorney has no rights to do anything with the estate. Any power of attorney that existed became null and void at the death of the grantor. The executor distributes the estate.
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.
What is the Power of attorney estate fee in Ontario?
There is a bit of a cross up in terminology here. A power of attorney expires on the death of the grantor or subject. An executor would get an estate fee.
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.
