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No. A living person (the principal) can execute a Power of Attorney document that appoints an attorney-in-fact to act on their behalf and manage their affairs while they are alive. A POA is extinguished immediately upon the death of the principal.
An executor is the person named in a will to distribute an estate after a person has died. The will must be filed in probate court and the court will appoint the named executor if there are no objections to the appointment. The executor will then have the authority to pay the debts of the decedent and distribute the remaining estate to the heirs according to the provisions set forth in the will and the state probate laws.
Wiki User
∙ 14y ago
Wiki User
∙ 9y agoNo. A power of attorney ends on the death of the person granting it.
An attorney-in-fact under a power of attorney is voluntarily appointed by a living person (the principal) and is granted sweeping legal authority over all the principal's property and affairs during the life of the principal.
The executor of a Will is the person responsible for making sure the provisions of the Will are carried out after a testator's death. They are responsible for paying off the debts and distributing the assets. They also have to pay taxes and file the appropriate documents and accounts with the probate court.
Wiki User
∙ 9y agoThey are two different jobs with different responsibilities. They can be the same person. A power of attorney represents a living person. The executor represents the estate of the deceased.
Wiki User
∙ 9y agoA power of attorney represents a living person. An executor of a will represents the estate of the deceased. You cannot be both at the same time, but you could serve in both capacities for the same individual.
Wiki User
∙ 10y agoNo, they are not the same. A power of attorney is someone appointed by a living person to represent them in specific matters. An executor deals with the estate of someone that has died.
Wiki User
∙ 9y agoThe executor is responsible for the estate after death. The power of attorney represents the living person.
Wiki User
∙ 9y agoYes. the same person can be made executor of the Will and also have been appointed an agent of the POA.
Wiki User
∙ 9y agoYes, they are two different jobs. The will appoints an executor, which takes effect when the testator dies. A power of attorney represents a living person.
Wiki User
∙ 11y agoYes, but you can't be both at the same time. The Power of Attorney expires on the death of the grantor. Then the terms of the deed would take over.
Wiki User
∙ 11y agoYes. The Power of Attorney ends at the death of the grantor. The executor starts when the court appoints them.
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In California can you be the executor and power of attorney?
You can be asked to serve as both, but not at the same time. And executor cannot do anything before death and a power of attorney expires on death.
Can you be executor and power of attorny in the same will?
Yes. A person can name the same individual as their attorney in fact under a Power of Attorney and as the named Executor in their Last Will and Testament. Generally, a Power of Attorney is extinguished by law at the time of death of the principal. At that time the person named as Executor needs to petition the Probate Court for appointment as Executor.
What happens if an executor does not have a power of attorney document?
A power of attorney expires on the death of the grantor. The executor needs a letter of authority.
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.
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.
If the executor of a will develops alzheimer's but has a power of attorney does then the power of attorney make executor decisions?
In most cases they would not be able to serve in that capacity. The court is not likely to appoint someone with Alzheimer's to serve as executor.
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.
What is a person sent with the power to act for another?
power of attorney, executor, or executrix
Can you get a power of attorney after death?
A power of attorney only represents a living person. After their death, the court appoints an executor.
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.
Why need a will and not a power of attorney?
A power of attorney is granted for a living person. It expires on their death and the executor takes over.
What happens if the person granted power of attorney as well as executor dies before the grantee?
If the person granted power of attorney and executor dies before the grantee, then the power of attorney is terminated, and the grantee would not be able to rely on the power of attorney anymore. The executor's role would typically be carried out by an alternate executor named in the will, or the court may appoint a new executor if there is no alternate named. It is important to regularly review and update estate planning documents to ensure contingency plans are in place.
