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6 answers

If the estate needs to be probated and there is no Will then someone needs to find an Atty and start the process where a Judge will appoint a Representative/executor/ix.

POA is for living people not dead ones.

How large is the estate, is there a Will, is there an executor/ix named in the Will, if so they handle all this, is there a house involved etc...?

2007-09-05 22:42:38 · answer #1 · answered by Anonymous · 0 0

The above answers are correct, you cannot get power of attorney. However, if there is no will, then you can petition the court to be appointed administrator of the estate. This would give you similar powers. If there was a will that document would provide for execution and the court would appoint the person provided. In the event that person is unwilling or unable to serve or is not acting in the best interest of the estate, a beneficiary may ask the court to replace the executor.

You will need to speak to a probate attorney in your area.

Good luck.

2007-09-06 07:55:39 · answer #2 · answered by Anonymous · 0 0

A dead person cant give a Power of Attorney. The executor of the estate has the legal power.

2007-09-06 06:15:02 · answer #3 · answered by Bob D 6 · 0 0

You can't. Since the relative is deceased they cannot grant a PoA. And even if they had, it would have died with them.

Now that the person is deceased, the executor of the estate is responsible for winding up their affairs. That person will be appointed by the probate court.

2007-09-06 06:02:26 · answer #4 · answered by Bostonian In MO 7 · 1 0

You can't. Period, end of story.

A power of attorney must be given by an individual while they are STILL ALIVE. You can't get executor's privileges either for the same reason.

The "next of kin" as determined by state law, will be authorized to make decisions regarding that individual's estate.

2007-09-06 05:37:28 · answer #5 · answered by Expert8675309 7 · 0 0

Don't think you can get Power of Attorney on someone who is deceased. You may have Executors powers though??

2007-09-06 05:35:57 · answer #6 · answered by Sal*UK 7 · 1 0

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