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What happens if the power of attorney is still used after the decedent's death?
Wiki User
∙ 14y ago
Power of attorney ends once death occurs. In order to settle the decedent's estate you have to file a petition for probate at the probate court and request appointment as the estate representative.
AnswerIf someone uses a Power of Attorney to access a decedent's property they could face criminal prosecution for fraud and a host of other criminal offenses. They have no authority since the power under the POA was extinguished immediately at the time of death. As stated above, to have authority over the estate of the decedent someone would need to submit the decedent's will for probate and petition for appointment as the executor, or, petition for appointment as the administrator if there is no will.Wiki User
∙ 14y ago
Wiki User
∙ 10y agoThere is no power of attorney that applies after death. A durable power of attorney will still be valid if the individual is incapacitated.
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What happens to the durable power of attorney when the person passes?
The power of attorney represents a living person. The durable power of attorney will end with the death of the grantor.
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.
Can a lifetime estate be ended by a power of attorney?
No. A power of attorney ends with the death of the principal.No. A power of attorney ends with the death of the principal.No. A power of attorney ends with the death of the principal.No. A power of attorney ends with the death of the principal.
Does power of attorney cease upon death in fl?
The power of attorney represents the living person. The power of attorney ends in Florida with the death of the grantor.
Does power of attorney end after death in NC?
The power of attorney represents the living person. The power of attorney ends in North Carolina with the death of the grantor.
Are you responsible for person finances after death with a general power of attorney?
A power of attorney represents a living person. After their death, the power of attorney is no longer valid.
Does Oklahoma allow power of attorney after death?
A power of attorney represents a living person. After their death, the power of attorney is no longer valid in any state.
How long does a Power of Attorney keep papers after the death?
A power of attorney represents a living person. Immediately after their death, the power of attorney is no longer valid.
Does enduring power of attorney cease at death?
Yes, upon death any power of attorney granted by that person ceases to be effective.
Is there a power of attorney that is good after death?
No, all power of attorney forms become null and void after death.
Does a general power of attorney expire after death?
Yes, a power of attorney only represents a living person. After the grantor's death, the power of attorney is no longer valid.
Does durable power of attorney always terminate with the death of the granter?
The power of attorney represents a living person. The power of attorney always ends with the death of the grantor.
