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What is the difference between Executor and Power of Attorney?
A POA allows an attorney in fact to act on behalf of the principle while the person is living. It is extinguished upon the death of the principal. An executor is appointed by the probate court to settle a testator's estate after their death. An executor is often named in a will but must be appointed by the probate court. An executor only has power after the death of the testator and only after they have been duly appointed by the probate court.
Is an executor the same as a power of attorney?
No, an executor and a power of attorney are not the same. An executor is responsible for managing a deceased person's estate, while a power of attorney is appointed to make decisions on behalf of someone who is alive but unable to do so themselves.
Can a person have power of attorney an become administrator after death?
There is nothing to prevent it. They can be appointed as executor by the court.
Why can't the power of attorney and executor of the estate be the same person?
A power of attorney is extinguished upon the death of the principal. An executor is the person appointed by the probate court to handle a decedent's estate. One office serves the living and the other office serves the deceased.
What if no one wants to be an executor?
Then another person will need to be appointed such as an attorney.Then another person will need to be appointed such as an attorney.Then another person will need to be appointed such as an attorney.Then another person will need to be appointed such as an attorney.
Can a person who is power of attorney and has been for a number of years deal with the persons will when they die even though someone else is named as executor?
Not legally. A power of attorney represents a living person. After their death, the will and its appointed executor are responsible.
Is power of attorney possible to be obtained on a deceased individual?
No, a power of attorney represents a living person. You may be able to be appointed executor of the estate.
If no will who becomes excutor?
The court will appoint an executor if there is no will. The family can request a specific person be appointed if there is no problems. Otherwise a bank or an attorney will be appointed. They will be paid by the estate.
What to do when your brother passes as an executor?
Have a new executor appointed by the court, which could be you. That person will then take over the duties and execute the will. The court can appoint an attorney or bank to serve.
Have a will with no executor who executes the will?
The court will appoint an executor. Any person who is interested in the estate can petition to be appointed the executor: friend or family. The family can ask for a volunteer or ask someone they trust. Then, when the will is submitted for probate that person will also petition to be appointed the executor. You should consult with an attorney who specializes in probate. The rules are more strict for the appointment of an administrator.
Can you appoint yourself as executrix of an estate if you were power of attorney and in the will?
No, only the person making the will can make the appointment by naming the executor/executrix in the will.ClarificationThe testator can name their choice for executor in their will but that person has no power or authority until they have been duly appointed and issued Letters Testamentary by a probate court. Once that process has been completed they are the appointed executor. Many wills do not name any executor. In that case anyone who qualifies under state law can request appointment and will be appointed if there are no objections.
Can you get a power of attorney of your parents estate if they are deceased?
Yes, a person has the authority to name whomever he/she wishes. Additionally, that person can name multiple agents for power of attorney.
