while she is alive, will i still be in the same position [is the power of attorney still valid] to sort out her finances immediately after her death
kind regards nl
2006-11-06 05:40:04 · 12 answers · asked by NEIL M 1 in Politics & Government ➔ Law & Ethics
The executor of her estate will have the power after she dies, as far as I know. But I am honestly not totally certain. Good luck!
2006-11-06 05:41:53 · answer #1 · answered by ItsJustMe 7 · 1⤊ 0⤋
No, the power of attorney lasts for as long as your mother lives. You are presumably in a position to know whether or not she has made a will. If this is not the case, and if she is not capable of making a will, then as her next of kin you will be entitled after her death to apply for letters of administration to distribute the assets falling within her estate. If you are concerned about things like funeral expenses, the position is that if she has a bank account the bank will readily advance the funds needed for that purpose to the undertaker: otherwise you will have to pay and claim from the estate later.
2006-11-06 05:57:13 · answer #2 · answered by Doethineb 7 · 0⤊ 0⤋
Hi - It is my understanding that the power is only valid while the person is alive and the executor of the will has control of the finances at death.
2006-11-06 05:48:08 · answer #3 · answered by Anonymous · 0⤊ 0⤋
That would be up to the laws of your state, the power of attorney you have and, or a will, if any.
2006-11-06 05:47:31 · answer #4 · answered by Anonymous · 0⤊ 0⤋
no
Power of attorney ends when she dies.
All the power of attorney does is allow you to do things in her name. Basically you are an extension of her. So you can sign checks, etc. But when she dies, she can't do that so you can't as an extension for her do it either.
2006-11-06 06:15:26 · answer #5 · answered by Richard 7 · 0⤊ 0⤋
in case you prefer to ensure on the funds, you may the two ask your brother and desire he enables it, ask your mom, or hire a criminal professional and bypass to courtroom. BTW you're able to be able to nicely be entitled to area of your deceased father's property and could look for suggestion from a criminal professional for an outright succession. The longer y'all wait on that succession, the bigger the mess it relatively is going to hold.
2016-10-15 10:56:42 · answer #6 · answered by ? 4 · 0⤊ 0⤋
if she has named no executor, than the power of attorney will be valid. if she has named another executor beside you, your power of attorney will not hold out.
2006-11-06 05:44:30 · answer #7 · answered by ABC 3 · 1⤊ 0⤋
I am not a lawyer, but maybe if you put that specific wording in the document you would. I guess otherwise it would fall to the executor of her will, which should probably be you also.
2006-11-06 05:42:13 · answer #8 · answered by Random Precision 4 · 1⤊ 0⤋
You have complete control due to you having power of attorney.
That is why wills are made.
2006-11-10 05:33:35 · answer #9 · answered by Ollie 7 · 0⤊ 0⤋
I would have thought so as, it would be still within the family but, your family solicitor will have the low down on that.
2006-11-06 05:42:54 · answer #10 · answered by edison 5 · 0⤊ 0⤋