What rights to I have under a power of attorney when the person dies?
Full Question:
Answer:
Unfortunately, the powers granted under a power of attorney are lost when the principal dies. The power of attorney becomes ineffective.
What happens to the property of the deceased depends upon whether or not the person died with or without a will. If there was a will, the will would have to be presented to the probate court. An executor would be named based on the terms of the will. That person would have the power to dispose of property and settle debts, including health care bills.
Without a will, a person is said to have died intestate. Disposition of the person's property is decided by the intestacy laws of the person's home state.
If there is no will, or there is a will but the executor (or executors) named in the will is unable or unwilling to serve, the Register of Wills is required to issue "letters of administration" to the following persons (and with the following priority):
To those who are entitled to the residuary estate under the will (if there is a will).
To the surviving spouse.
To those intestate heirs that the Register believes will best administer the estate.
To the creditors of the estate.
To other fit persons.
To a nominee of any of the preceding persons who renounces his or her right to administer the estate.
To a guardianship support agency serving as guardian of an incapacitated decedent.
If there are creditors such as a nursing home making claims against the estate, heirs of the deceased may want to make sure the probate court is aware of the claim and that his or her interests are properly protected.
It may be beneficial to consult with a local attorney experienced in probate matters.
