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In that case the person still alive should find another person to give power of attorney to and appoint a new executor.

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15y ago
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6mo ago

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.

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Q: What happens if the person granted power of attorney as well as executor dies before the grantee?
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Related questions

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.


What happens if the executor listed in the will can not be found?

The court will appoint an executor. That is often an attorney or a bank.


What happens if the executor of an estate refuses their position and makes the next of kin executor?

Happens all the time. No big deal. The executor, whomever it is, fulfills the duties are required by law. And if no one 'wants' to be the executor, the court will appoint someone to do it, usually an attorney or a bank.


What happens when executor steals money and forges documents?

The executor should be reported to the attorney who is handling the estate and the court immediately. What you have described is criminal behavior and the executor should be prosecuted.


If the executor has died what happens now?

The court must be notified of the death and a new executor must be appointed. You should speak with the attorney who is handling the estate.


What happens if someone files for adverse possession during probate?

The executor has to defend the estate. They will have to hire an attorney to settle the case.


When there is no executor named to will but only named are beneficiaries what happens?

The will must be presented to the court for allowance and the court will appoint an executor. A member of the family can sign the petition for probate asking to be appointed the executor. You should seek the advice of an attorney who specializes in probate law.


What happens when the two executors of a will denounce their roles as executors?

The remaining executor can submit a resignation to the court and request that a successor be appointed.


What happens when the principal dies with his power of attorney?

A "power of attorney" refers to a written instrument, executed by one person (the principal) that allows another person (the attorney in fact) to act on their behalf. If the principal dies the power of attorney is extinguished. If the attorney in fact dies the principal must execute a new power of attorney that names a new attorney in fact.


What happens if you take money out of deceased dads bank account without power of attorney?

A power of attorney represents a living person, so any power of attorney is no longer valid. They would have to be on the bank account or the executor to legally take the money out.


What happens if executor is gravely sick?

what hanned if the executor of wil is sick


What happens when an executrix of an estate dies before the estate is settled?

Someone else will be appointed the executor. The probate court will appoint someone, usually a bank or attorney, if no one 'volunteers' to do the work.