A POA is extinguished at the moment of death. If a POA was used to sell the property of a deceased person the sale was null and void. The former attorney-in-fact had no legal interest in the property, couldn't sell it and committed a fraud. The buyer did not get title to the property.
estate
estate (A+)
The person(s) who control any property left behind by the deceased.If the taxes exceed the value of the property, then the government will not be able to collect the difference.
The executor of the estate is responsible. They are required to file a tax return for the deceased. It may be a good idea to consult a tax attorney before doing this.
How long a person keeps tax records for a deceased person will vary depending on the circumstances. Use your best judgment. It is recommended that a live person keeps their records for 5 to 7 years.
No, it is not possible to obtain power of attorney for a deceased person, as power of attorney ceases upon the death of the individual.
To obtain power of attorney for a deceased person, you would need to go through the probate process and be appointed as the executor or administrator of the deceased person's estate. This would give you the legal authority to act on behalf of the deceased person.
One can find inheritance property by checking the deceased person's will, contacting the executor of the estate, searching public records, and consulting with a probate attorney if needed.
No, an executor does not have the power of attorney to make decisions on behalf of the deceased individual. The executor's role is to carry out the instructions in the deceased person's will and manage their estate, but they do not have the authority to make decisions on the deceased person's behalf.
After the death of the person who granted the power of attorney, the authority granted to the appointed individual ends. The power of attorney is no longer valid and the appointed individual cannot make decisions on behalf of the deceased person.
You cannot acquire a Power of Attorney for a person who has died. If there is property that must be transferred, and no will, you must petition the probate court to be appointed the Administrator of your deceased sibling's estate.
The executor of the estate.
You have to buy the property from someone. And the only person that can sell it is the executor.
A power of attorney represents a living person, so any power of attorney is no longer valid.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.
No. A power of attorney ends upon the death of the principal.
If a person is deceased any Power of Attorney expired at the moment of death. There is no POA that can be connected to a person who has died. In order to acquire the authority to handle the property of someone who has died an Administrator must be apppointed by the court. If you are an heir at law of the decedent then you could petition to become the Administrator of their estate. You should consult with an attorney who specializes in probate or with a clerk at the probate court to determine what you need to do to settle the estate.
A person who dies without a will is said to be intestate. Each state has specific laws about how property is divided when the deceased is intestate.