can a power of attorney be valid after death?
611452
The power of attorney is no longer valid. ... However, all durable powers of attorney end when the principal dies. The executor of the deceased person's will -- or the estate administrator, if he died without a will -- must handle the sale of his mobile home, if that is necessary.
136838
A power of attorney has legal effect only during the principal's lifetime, and it terminates automatically when the principal dies. ... A will, in contrast, only becomes effective after the testator's death, and the executor has no power or authority until the testator dies.
254092
With the exception of birth certificates, death certificates, marriage certificates and divorce decrees, which you should keep indefinitely, you should keep the other documents for at least three years after a person's death or three years after the filing of any estate tax return, whichever is later.
1104551
A power of attorney can only be signed by someone who is in charge of all their faculties, so if your mother is in a coma, she cannot sign and give away her power of attorney to anyone.
1223682
Regardless of when the document takes effect, all powers under a POA end upon the principal's death. (The only exception is with a non-durable POA, which ends if/when the principal is deemed incompetent.) Once the principal has died, the agent loses all ability to act in their stead both medically and financially.
629986
Once a divorce has taken place, the original will providing the ex-spouse with proceeds of the estate is void. However, if a new will made after the divorce and, includes the ex-spouse, that will is valid.
83828
When an individual dies, his or her last will and testament must be located. Generally, the original, and not a copy, will be required to legally administer the estate. ... Sometimes however, after a diligent search for the last will, only a photocopy of the original can be found.
1280059
A power of attorney is accepted in all states, but the rules and requirements differ from state to state. ... A power of attorney may be revoked, but most states require written notice of revocation to the person named to act for you.
297655
For people living outside Western Australia but with assets in this State, the Public Advocate recommends that a Western Australian enduring power of attorney is executed. Do I continue in my role as attorney if the person who appointed me dies? No, an enduring power of attorney ends on the death of the donor.
854665
A power of attorney is valid while the principal is alive; in fact, it is only valid and usable during the principal's lifetime. ... The assets the agent managed under the power of attorney (bank accounts, real estate, insurance policies, etc.) usually then become part of the principal's estate.
921510
A Power of Attorney is valid only while the Donor is alive. Once a person has passed away then the document that deals with the deceased person's estate is the Will.
237693
There is no power of attorney you can get for a person who cannot sign the document; if that person were going to be in a coma for an extended period, a conservatorship (court proceeding) would be needed, but that will be moot once the person passes away.
1202008
A power of attorney ends when a person becomes incapacitated unless the power of attorney is designated as a durable power of attorney. In the latter case, the attorney-in-fact can retains the power of attorney and can make decisions for the principal, including matters of finance and health care.
1045503
If Probate is needed to administer your Estate after you die, then your Will becomes a public document and anyone can apply for a copy. It's important to bear this in mind when you write your Will, and avoid including any information that you wish to keep private.
1053085
A. Unfortunately, no. Your mother's financial power of attorney expired upon her death and is no longer valid. ... In 1984, California adopted the Uniform Durable Power Of Attorney Act which provided that, if the POA were expressly made to be “durable”, it would survive the principal's incapacity and remain valid.
708263
You do not get Power of Attorney for a deceased person. Depending on whether there is real property (house) involved, you may be able to have access to her account by Small Estate affidavit. You must wait 40 days after the death before you can exercise the affidavit.
414559
When someone dies without leaving a valid will in England and Wales, their estate (property, money, belongings etc.) must be shared out according to the rules of intestacy. These rules don't account for the many different family dynamics in the UK.