What happens to her things if there is no will. She is on a breathing machinennow after a stroke.
2007-03-21 07:43:43 · 10 answers · asked by PEBBLES 1 in Politics & Government ➔ Law & Ethics
It depends on what state you are in. However, in most states a person's belongings go to the next lineal descendant. If her parents are alive to them first, if she has sisters and brothers still alive, they would be second. You as power of attorney have absolutely NO RIGHT TO ANY OF HER BELONGINGS.
Contact an attorney to get more information about your duties as the power of attorney.
2007-03-21 07:47:58 · answer #1 · answered by Starla_C 7 · 0⤊ 0⤋
It depends on what your Power of Attorney states. If it only gives you powers while she is alive, her estate will go to the Probate Courts for dissemination of her property. It wouldn't matter if she had 100 family members and relatives. If she has no will, none of the property will go to these people directly. While the estate most likely would be divided up among them, it still would have to go through Probate Court. If the Power of Attorney gives you power over her estate after death, then you can decide. Most Powers of Attorney don't give power after death though.
2007-03-21 14:55:11 · answer #2 · answered by Venice Girl 6 · 0⤊ 0⤋
Will depend on the state you live in as to what happens to a person without a will. Could call the county clerk's office and they can probably be more specific. Depending on how and what language was used in the POA you may be executor of estate to oversee outstanding debits and manage assets to satisfy claims as well as attempt to locate the heirs your state determines are entitled to a share of the estate if there is any.
Sorry; and good luck
2007-03-21 14:50:31 · answer #3 · answered by wizjp 7 · 0⤊ 0⤋
They will probably go to the state. The power of attorney dissolves at her death. You may be able to generate a will for her. See a lawyer.
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2007-03-21 14:49:41 · answer #4 · answered by Anonymous · 0⤊ 0⤋
This will likely have to be resolved in court. Your POA does not appoint you as executor of her estate. Most likely, the estate will go to the next closest kin.
2007-03-21 14:48:26 · answer #5 · answered by lizardmama 6 · 0⤊ 0⤋
You're her power of attorney, darlin'. If anyone knew the answer to that question, I think that would be you. She chose you for a reason.
2007-03-21 14:47:50 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Parents if they are still alive. If not, to siblings, if there are any. I forgot after that. I've been out of law for 5 years.
2007-03-21 14:47:44 · answer #7 · answered by swishyvt 3 · 0⤊ 0⤋
Most counties have a probate office and they will take care of selling her things.
Since you have power of attorney you could sell them yourself to pay for her funeral.
2007-03-21 14:48:27 · answer #8 · answered by Sean 7 · 0⤊ 1⤋
I think your friend made a seriously bad choice picking you.
2007-03-21 14:51:22 · answer #9 · answered by wineboy 5 · 0⤊ 0⤋
Who ever you decide to give or sell them to .
2007-03-21 15:09:07 · answer #10 · answered by preacher 1 · 0⤊ 0⤋