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The court does not automatically appoint a power of attorney. Someone has to request that. And if you are talking about someone who has passed, domeone has to petition to be the executor of an estate.

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10y ago

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Can the executor of the estate appoint himself as power of attorney?

No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.


Can an attorney appoint themsevses as executor of a will?

No, an attorney cannot appoint themselves as executor. The court makes the appointment.


Who pays for the bills of a person who has no power of attorney written and is in a coma?

The person appointed by the court to do so. The probate court can grant the power of attorney for this person.


Who can be executor of will in Ohio?

Whomever is appointed by the probate court. They may be named in the will or it could be an attorney or a bank.


How do you prove executor of estate after death with no will?

There is no executor if there is no will. An executor is appointed by the court to carry out the provisions in a will once the will has been approved by the court. When there is no will an Administrator must be appointed. A qualified family member must petition the probate court to be appointed the Administrator of the estate. You should consult with an attorney who specializes in probate law or inquire directly at the probate court.


How do you gain power of attorney of your dads estate without a power of attorney?

A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.


How do you open an intestate estate?

Apply to the probate court. The forms typically have a place where someone can ask to be appointed as executor. Consult a probate attorney in your jurisdiction for specifics.


How does the suriving spouse claim deceased assets since there is no will?

Open an estate through the probate court. They can be appointed the executor. Consulting a probate attorney for your location is a good idea.


Who can legally probate a will?

Generally, a court appointed executor can probate an estate once the will has been proved and allowed by the court and the court has officially appointed the executor.


I have the power of Attorney for my mothers real estate and she died do I still have power of attorney?

A power of attorney terminates when the principal dies. You need to petition the probate court to be appointed the representative of her estate.


How does a benficiary of one who is deceased obtain power of attorney?

A power of attorney can only be granted by a living individual. You want to be appointed executor of the estate, apply to the probate court.


Who is duly appointed fiduciary for the estate?

The person appointed by the probate court is the "duly appointed fiduciary". No one has the authority to settle an estate until they have been duly appointed by the probate court.