2007-12-25 04:49:09 · 15 answers · asked by elaine c 1 in Politics & Government ➔ Law & Ethics
Power of attorney ends when she dies.......and the will kicks in......whats it say?
2007-12-25 06:59:35 · answer #1 · answered by DennistheMenace 7 · 1⤊ 0⤋
You haven't provided enough specifics about the home situation (for example, who owns it), but I can tell you this: A power of attorney given to the son by mother becomes null and void upon the mother's death. Any power the son had to act on the mother's behalf in legal and financial matters ceases immediately. If it was a dual power of attorney, the person who shared those powers is now powerless as well.
2007-12-25 04:54:42 · answer #2 · answered by curtisports2 7 · 1⤊ 0⤋
this question does not make any sense. A power of attorney ends upon the death of the person who gave the power of attorney. Can you give a little more detail? What do you mean dual power of attorney?
2007-12-26 14:18:33 · answer #3 · answered by floridaladylaw 3 · 0⤊ 0⤋
I don't think power of attorney has anything to do with a property being sealed off after a death if that's what you mean. I see from another question that he was living there. He would be allowed to stay then.
2007-12-25 05:03:24 · answer #4 · answered by itsjunglepat 6 · 0⤊ 0⤋
Under the common law, a power of attorney becomes ineffective if its granter dies or becomes "incapacitated," meaning unable to grant such a power, because of physical injury or mental illness, for example, unless the granter (or principal) specifies that the power of attorney will continue to be effective even if the granter becomes incapacitated (but any such power ends when the granter dies).
2007-12-25 05:19:18 · answer #5 · answered by Trin 2 · 0⤊ 0⤋
If his mother dies then the executors of the will take over immediately.
They have to distribute property and belongings etc as directed in the will. If the mother did not leave a will then the laws of the land will determine who gets what.
2007-12-25 04:54:04 · answer #6 · answered by LittleB 2 · 1⤊ 0⤋
I would think not.. dual meaning that you and someone else have shared power of attorney? Contact your lawyer or a lawyer, but I believe you are in your rights. Best of luck.
2007-12-25 04:52:04 · answer #7 · answered by Nikki 6 · 0⤊ 0⤋
In all states, power of attorney ends with death of grantee.
Executor then administers will and must legally abide by any provisions regarding who, if anyone, may live in property.
2007-12-25 05:01:30 · answer #8 · answered by Anonymous · 0⤊ 0⤋
It would depend of the state's or country's laws. Check with an attorney.
2007-12-25 04:59:46 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Not until the will is probated, if there is no will then a court would determine what would go to each person and if the house is sold to settle the estate then naturally you would need to move.
2007-12-25 05:25:33 · answer #10 · answered by Anonymous · 0⤊ 0⤋