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What else can I help you with?
Who is entitled to poa in death when none is previously established?
No one gets a power of attorney after the death of an individual. The executor of the estate will get a letter or authority.
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Can power of attorney be rescinded?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.
Can your brother as poa take everything in the will and not include you or your sister?
No. If there is a will then the executor of the will MUST do what the will says.
How do you get a court order as POA to get your fathers personal belongings?
Only a live person can award a POA. The courts cannot. Unless an Executor has already been named they might be able to give you the title of the estate's "personal representative" but the two of you cannot be in conflict and the Executor will dispose of the deceased's estate in accordance with the will and/or the court's order. Check with your local Probate Court.
What is it called when the person who has the power of attorney uses it after the person that it is on dies what is that called and is there any special circumstances that would allow that?
When the person granting the Power of Attorney dies, their delegated POA ceases, and is no longer legal or valid. Knowingly using the POA after the grantor is dead is FRAUD. The person who administratively handles the apportioning of the deceased's estate after death is known as an EXECUTOR. The two titles are NOT synonymous - and do not have the same power. However- it could be possible that the person who had been named POA could also be named as Executor. There should be legal papers that can be produced that would prove this.
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.
Do inheritors need to approve POA or Executor expenses?
No, but the probate court has to affirm the distribution plan.
Should someone who has POA for their father wait until their father dies before have an auction of their belongings?
You can't wait, unless you are also the executor named in the will. The power of attorney is only valid while the subject is living.
Does power of attorney for finance stop after death and the executor takes over?
Yes. The POA is extinguished upon the death of the principal.
What are the key differences between a Power of Attorney (POA) and an Executor of Estate, and how do their roles and responsibilities differ in managing someone's affairs?
A Power of Attorney (POA) is a legal document that gives someone the authority to make decisions on behalf of another person while they are alive. An Executor of Estate is responsible for managing someone's affairs after they pass away, including distributing assets and settling debts according to the deceased person's will. The key difference is that a POA's authority ends when the person they represent dies, while an Executor's responsibilities begin after the person's death.
Can an executor appoint an attorney in fact?
An executor of an estate has the right to appoint an attorney to act on behalf of the estate. The attorney may collect debts owed of the estate, and defend the estate against any claims against it.
