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Does the power of attorney in the state of Florida entitle the person that has it to receive compensation from the estate he or she is overlooking?
Unsure of what it is that is being asked. A Power Of Attorney (POA) is only valid while the person that granted it is still alive. The minute the grantor of a POA dies, the POA ceases and the POA become invalid! On the other hand, an EXECUTOR of a will, who is usually named by the testator, MAY be required to post some kind of bond with the court which establishes their faithful and lawful execution of the will. This 'bond' may be waived by the testator, and the Executor MAY be granted compensation for their role in executing the estate IF the deceased provided for such in their will. In summation: the holder of the deceased's POA holds a useless piece of paper. The Executor of the deceased's will is in full control of the execution of the deceased's wishes.
Can power of attorney be rescinded?
The persons wishing to have the POA invalidated must follow the prescribed legal procedure according to the laws of the state in which the POA was granted. When a POA grantor dies the POA becomes invalid and the deceased's financial matters become the jurisdiction of the probate court and the executor of the estate. If no executor was named in the Will or no Will was current the probate court appoints someone to oversee the estate of the deceased.
How do you know that a poa has not had the will changed?
A POA does not give the attorney-in-fact the power to change a will. A will signed by an attorney-in-fact would be invalid. A will must be signed by the testator.
What happens if a person sold a property of a deceased person and used a power of attorney?
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.
Can you get the back pay that is owed to the deceased person if you are the power of attorney?
No. Once the principal has died the POA is expired. That is a task for an estate representative.No. Once the principal has died the POA is expired. That is a task for an estate representative.No. Once the principal has died the POA is expired. That is a task for an estate representative.No. Once the principal has died the POA is expired. That is a task for an estate representative.
Can a next of kin overturn a power of attorney?
If the principal is still living and capable of managing their own affairs their relatives cannot change the POA. If the person becomes incapacitated a General POA is extinguished and the relatives can petition for a guardianship of the person. If there is a Durable POA in effect it remains in effect even after the principal becomes incapacitated but the relatives can petition for a guardianship of the person and if granted the POA will be extinguished. If the principal is deceased the POA is extinguished and the next of kin must probate the estate.
Does poa expired upon death?
Yes, a power of attorney (POA) typically expires upon the death of the principal. When the principal passes away, the authority granted to the agent under the POA is revoked, and the agent can no longer act on behalf of the deceased. After death, matters related to the estate are generally handled according to the will or, if there is no will, by the laws of intestate succession.
Is it legal for an attorney to change a Power of Attorney without notifying the original attorney in fact for someone who is incapable of making changes?
No. Only the principal can change a Power of Attorney. If the principal is legally incapable then the POA cannot be changed. In order for a POA to remain in effect after a person becomes incapacitated the POA must be a Durable POA. If an attorney is tampering with the POA he/she should be reported to the State Board of Bar Overseers.
Can your brother who has power of attorney for your deceased mother transfer the deed to her house into his name so that it will not have to go to probate?
The POA becomes invalid when a person dies.
You've been appointed POA over your mothers estate and she passed away. Can you view the paperwork on the internet?
First, you cannot operate under a power of attorney because once the principal is deceased a POA is extinguished. You need to petition the probate court to be appointed the administrator of the estate. You need to review the case file at the court.First, you cannot operate under a power of attorney because once the principal is deceased a POA is extinguished. You need to petition the probate court to be appointed the administrator of the estate. You need to review the case file at the court.First, you cannot operate under a power of attorney because once the principal is deceased a POA is extinguished. You need to petition the probate court to be appointed the administrator of the estate. You need to review the case file at the court.First, you cannot operate under a power of attorney because once the principal is deceased a POA is extinguished. You need to petition the probate court to be appointed the administrator of the estate. You need to review the case file at the court.
If a one sibling has POA can the other siblings contest the will when the parent dies?
Yes, other siblings can contest the will even if one sibling has power of attorney (POA). Contesting a will typically involves challenging its validity based on factors like coercion, fraud, or lack of capacity. POA does not automatically prevent siblings from contesting the will.
If you become power of attorney for a deceased sibling can you be held responsible for their debt?
No. There seems to be some confusion as a POA becomes null and void upon the death of the grantor. However, the POA grantee is never responsible for the debt of the grantor beyond said grantor's financial assets.
