I don`t have a will ,as yet ,but I do have a power of attorney,who is not a family member.What should I do?

Answer 1

If everything you have is in joint names with your spouse, your will will probably not be probated when you die because everything will pass to the surviving joint owner. If you have no will, the intestate laws of your state [based on the English laws of descent and distribution] will determine who your heirs are.

You should have a will prepared.

There is nothing wrong with having somebody serve as an agent under a power of attorney who is not a family member. Sometimes family members who are named to serve are dishonest and steal from the person who appointed them. It is best to have a trustworthy person, not necessarily a family member, serve under the terms of your power of attorney.

The authority of a power of attorney ceases when you die. The person named in the power of attorney document is an agent, and the law specifies that the agreement terminates at the death of either party.

The person who handles the estate of a decedent is the personal representative of an estate [executor of a will or administrator of an intestate's estate]. The personal representative is charged with collecting the decedent's assets, paying bills of the estate, filing final income tax returns and death tax returns, making an accounting to the heirs and devisees, and making distribution of estate assets. A personal representative could be a family member, an attorney, a family friend, or the trust department of a bank. When you have a will prepared, select a good person to be the personal representative of your estate.

A lot of people are not really that concerned who will be the personal representative of their estate because the attorney for the estate will do all of the work. However, I think it is best to have a responsible person do the work. If you want to have more than one person as a co-executor, make sure that they all can work together to get the job done.

Answer 2

Keep breathing!

Seriously, if you have assets (things) that you want to leave to heirs (people) that you actually like (friends) instead of relatives selected by the government (mooches), then go to an attorney and have a simple will drawn.

A power of attorney only allows someone to do things you could do while you are alive. It does not give them the right to decide who inherits when you are gone (dead).

Answer 3

MAKE A WILL !!!!!!!

I DONT KNOW WHERE YOU ARE

BUT IN THE UK I MADE MY WILL IN 5 MINUTES AT A LAWYERS

AND IT SAVES A LOT OF TROUBLE IN THE FUTURE , IF SOMETHING WERE TO HAPPEN TO YOU

ALL THE BEST
Ian