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In California can you be the executor and power of attorney?
You can be asked to serve as both, but not at the same time. And executor cannot do anything before death and a power of attorney expires on death.
Can you be executor and power of attorny in the same will?
Yes. A person can name the same individual as their attorney in fact under a Power of Attorney and as the named Executor in their Last Will and Testament. Generally, a Power of Attorney is extinguished by law at the time of death of the principal. At that time the person named as Executor needs to petition the Probate Court for appointment as Executor.
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.
How does the power of attorney assign an executor to and estate?
A Power of Attorney is extinguished when the principal dies. The attorney-in-fact has no power to do anything. The probate court appoints the executor or administrator for the estate.
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.
If the executor of a will develops alzheimer's but has a power of attorney does then the power of attorney make executor decisions?
In most cases they would not be able to serve in that capacity. The court is not likely to appoint someone with Alzheimer's to serve as executor.
Can the person who is the executor of an estate and has power of attorney CHANGE a will?
The power of attorney cannot change the will. That is not legally allowed.
What is a person sent with the power to act for another?
power of attorney, executor, or executrix
Is executor of the Will same as power of attorney?
No. A living person (the principal) can execute a Power of Attorney document that appoints an attorney-in-fact to act on their behalf and manage their affairs while they are alive. A POA is extinguished immediately upon the death of the principal. An executor is the person named in a will to distribute an estate after a person has died. The will must be filed in probate court and the court will appoint the named executor if there are no objections to the appointment. The executor will then have the authority to pay the debts of the decedent and distribute the remaining estate to the heirs according to the provisions set forth in the will and the state probate laws.
Can a granddaugther be head of estate if she was already the power of attorney?
Anyone can serve as executor. The Power of Attorney died with the grantor.
Why need a will and not a power of attorney?
A power of attorney is granted for a living person. It expires on their death and the executor takes over.
Can you get a power of attorney after death?
A power of attorney only represents a living person. After their death, the court appoints an executor.
