does power of attorney stop when mom dies?

Question

what do i need to do to prepare if no will exist

Answer 1

Yes, a power of attorney stops when the principal is dead. Your Mother needs a will or her property will be divided according to the laws of the state where she resides (in testate).

Answer 2

Yes, a power of attorney stops when the principal dies. Once the principal dies, the agent (attorney in fact) has no further authority.

Assuming that there is probate (individually-owned personal property or land), it would be necessary to either probate a will or apply for letters of administration.

Where there is no will, the estate is distributable according to the intestate law of the state where the decedent lived. That means that the estate will be distributed to family members according to the laws of descent and distribution. These laws vary depending on the state of domicile of the decedent, so I will not state what they are. For those who are residents of the State of Pennsylvania, Penn State University has an excellent piece you can download and review. Click here: http://extension.aers.psu.edu/LAW/ThePAIntestateLaw.pdf

For those of you who want to research laws of your individual state, use the Legal Information Institute website. You will find a list of states and will be able to link into their respective statutes. Click here: http://www.law.cornell.edu/states/listing.html

Answer 3

Yes. A power of attorney is effective unless revoked by the principal (the person who gave it), or that person's death.

Death effectively terminates the power of attorney. This is so because the person who gave it no longer exists.

Answer 4

Yes, powers of attorneys are no longer valid upon the death of the Principal. If properly written, they can survive the Principal becoming mentally incompetent, but not death.

Answer 5

Yes power of attorney ends with the death of the person,

You need to get them to write a will. without a will, you will have to go though probate court

Answer 6

You need to have your mom sign a paper with what her wishes are. What goes to whom and so forth. Have her make you executor of the will. This will allow you do to what needs to be done at the time of her death. This will need to be witnessed. If you have a bishop, priest, minister etc.. have them be the witness.Remember though being executor of her estate also makes you responsible for bills after her death. I am sorry that you are going through this it is pretty hard to lose a loved one like your mom. I recently went through this also. I hope this has helped you.

Answer 7

of course a dead person cant have power