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Yes. The power of attorney for an attorney in fact is extinguished upon the death of the principal. Therefore, the power of attorney was no longer in effect at all after your grandmother's death. The attorney-in-fact has no authority to remove funds with or without the executor's consent.

An AIF who used their authority under a POA after the death of the principal is stealing.

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12y ago
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13y ago

Yes. A Power of Attorney expires when the principal dies. Therefore the person is simply taking money that belongs to the estate with no authority to do so. The executor should petition for appointment immediately, collect the bank statements showing the unauthorized withdrawal and have the attorney who is handling the estate notify the former attorney-in-fact that the funds must be returned immediately.

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Q: Is it illegal for the attorney-in-fact under a power of attorney to remove funds from the estate after grandmother's death without the consent of the executors?
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