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If you were grated a POA to act for some other person then you have no right to transfer that power to anyone else. If an attorney-in-fact dies the principal needs to appoint a new attorney-in-fact.

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16y ago

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Who normally has power of attorney when someone dies and leaves a will?

When someone dies and leaves a will, it does not always state who has power of attorney. To gain power of attorney, one would need to complete a form, naming the person they wish to pass power of attorney to.


Is a power of attorney still valid after the principal dies?

A power of attorney terminates when the principal dies.


Can deeds be transferred in wife's name as husband has gone away?

No. You need to check with an attorney if the property is in the husband's name or owned jointly. Either he must sign the deed or if he is "of parts unknown" his title must pass by virtue of a court decree. If he is away in military service or other employment then his wife must have a power of attorney in order to sign his name to the deed.


Is it legal for the attorney-in-fact under a Power of Attorney to sign a DNR and make themselves the benficiary of bank assets?

The power of an attorney-in-fact under a General Power of Attorney is extinguished when the principal becomes incapacitated. An attorney-in-fact under a Durable Power of Attorney, or Medical Power of Attorney, can sign a Do Not Resuscitate Order. However, they cannot execute any instrument naming themselves as beneficiary of the patient's assets. Self dealing by a legal fiduciary is against the law. The decedent's property will pass according to the terms of their will or according to the state laws of intestacy if they had no will. You can check your state laws at the related question link below.If the situation mentioned in the question occurred it should be discussed with an attorney and brought to the attention of the court.The power of an attorney-in-fact under a General Power of Attorney is extinguished when the principal becomes incapacitated. An attorney-in-fact under a Durable Power of Attorney, or Medical Power of Attorney, can sign a Do Not Resuscitate Order. However, they cannot execute any instrument naming themselves as beneficiary of the patient's assets. Self dealing by a legal fiduciary is against the law. The decedent's property will pass according to the terms of their will or according to the state laws of intestacy if they had no will. You can check your state laws at the related question link below.If the situation mentioned in the question occurred it should be discussed with an attorney and brought to the attention of the court.The power of an attorney-in-fact under a General Power of Attorney is extinguished when the principal becomes incapacitated. An attorney-in-fact under a Durable Power of Attorney, or Medical Power of Attorney, can sign a Do Not Resuscitate Order. However, they cannot execute any instrument naming themselves as beneficiary of the patient's assets. Self dealing by a legal fiduciary is against the law. The decedent's property will pass according to the terms of their will or according to the state laws of intestacy if they had no will. You can check your state laws at the related question link below.If the situation mentioned in the question occurred it should be discussed with an attorney and brought to the attention of the court.The power of an attorney-in-fact under a General Power of Attorney is extinguished when the principal becomes incapacitated. An attorney-in-fact under a Durable Power of Attorney, or Medical Power of Attorney, can sign a Do Not Resuscitate Order. However, they cannot execute any instrument naming themselves as beneficiary of the patient's assets. Self dealing by a legal fiduciary is against the law. The decedent's property will pass according to the terms of their will or according to the state laws of intestacy if they had no will. You can check your state laws at the related question link below.If the situation mentioned in the question occurred it should be discussed with an attorney and brought to the attention of the court.


My husband is on the deed we are both on the mortgage and he has died. Am I responsible for the debt?

If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.


Is durable power attorney still in effect after they pass away?

Any power of attorney expires immediately upon the death of the principal unless there are special conditions explicit in the power of attorney document, i.e., that the attorney in fact can plan the funeral or choose the headstone.Any power of attorney expires immediately upon the death of the principal unless there are special conditions explicit in the power of attorney document, i.e., that the attorney in fact can plan the funeral or choose the headstone.Any power of attorney expires immediately upon the death of the principal unless there are special conditions explicit in the power of attorney document, i.e., that the attorney in fact can plan the funeral or choose the headstone.Any power of attorney expires immediately upon the death of the principal unless there are special conditions explicit in the power of attorney document, i.e., that the attorney in fact can plan the funeral or choose the headstone.


If a man with power of attorney for his living mom dies will his POA for his mom transfer to his wife or to the POA of his moms body or to his other living sibling and what legal action is necessary?

The power of attorney for the mother does not pass on to anyone upon the death of the attorney-in-fact. That power dies along with the son. When a person gives her power of attorney to another person (the attorney-in-fact), that choice is considered so personal that it cannot be passed on to any another person. A good POA will include a provision for an alternate attorney-in-fact to be empowered upon the death of the first person in the same way that a will provides for an alternate executor.


Your father died without a will and your uncle his brother has power of attorney are you entitled to everything he owns?

A power of attorney is extinguished by the death of the principal. In the absence of a will, estates pass according to the laws of intestacy in your jurisdiction. Your father's estate must be probated in order for the title to the real estate to pass to you legally. Title to real estate can only pass to the heirs through probate court. You should seek the services of an attorney who specializes in probate and commence a probate proceeding to be appointed the Administrator of your father's estate. You can check the laws of intestacy for your state at the link below.


What exam must attorney's pass?

The Bar exam.


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What is a nonrecoverable attorney fee for foreclosure?

A non-recoverable attorney fee in foreclosure is a fee for work performed by the attorney (usually the bank's attorney) that the bank has to pay for but cannot pass on to the mortgagor.


Does an injury attorney need to be certified as a specialty lawyer?

No. All lawyers must pass the bar in the state in which they want to practice but there is no specific criteria to be an injury attorney. You just have to pass the bar.