Can my brother relinquish his Power of Attorney to me since he lives so far away?
Full Question:
Answer:
A power of attorney is no longer effective when the principal (maker) dies. Probate is a general term for the entire process of administration of estates of deceased persons, including those without wills, with court supervision. The initial step in the process is proving a will is valid and then administering the estate of a dead person according to the terms of the will. The will must be filed with the clerk of the appropriate court in the county where the deceased person lived, along with a petition to have the court approve the will and appoint the executor named in the will. If an executor is not named in a will, an administrator is appointed and the property is distributed under the state's laws of intestacy.
If the estate is not valued at more than $100,000, it may qualify for a small estate administration, which is generally more expedient than the formal probate procedure.