Skip to main content
Laurie Elizabeth Ohall

Laurie Ohall’s Answers

2 total

  • Does Power Of Attorney End Immediately After Death Or When The Death Certificate Is Made?

    After a doctor pronounces death there is a time period before the medical examiner/coroner makes the death certificate. If the patient had given someone a power of attorney, when does it end--after the doctor pronounces death or after the death ce...

    Laurie’s Answer

    • Selected as best answer

    I always explain to clients that their power of attorney works for them while they are alive, and their Will takes over at their death. So, to answer your question, yes, the power of attorney ends at death and the agent could face liability for any actions he or she takes with the power of attorney after the person has died (and assuming the agent knew of the principal's death). If something needs to be done with the principal's (the person who signed the power of attorney) assets at death, then a probate needs to be opened.

    LEGAL DISCLAIMER – I am not seeking to represent you based on the response to this question. The answer given is for general information purposes only. No attorney-client relationship is hereby intended.

    See question 
  • My fathers power of atty told me I was the executor of his will. He sent me the will but did not tell me or provide any other

    information. Isn't he obligated to tell me the exact dollar amt of the estate? How do I make funeral arrangements without knowing how much there is to spend.

    Laurie’s Answer

    First, please let me say that I am sorry for your loss.

    If the name of the attorney who prepared the Will is listed on the papers you received, it would be a good idea to call that attorney and speak with him or her. They will be able to tell you whether you require an attorney to help you with the probate. Florida statutes require the use of an attorney, in most cases, to open a probate.

    Until you are appointed as the personal representative (same as executor) of the estate, you don't really have the power to do anything (although you can certainly ask the person who was your father's POA for the information regarding bank accounts, etc.). It certainly doesn't hurt to ask them if there are any funds available to pay for the funeral or if he knows whether there is a life insurance policy that your father had to cover the funeral.

    LEGAL DISCLAIMER – I am not seeking to represent you based on the response to this question. The answer given is for general information purposes only. No attorney-client relationship is hereby intended.

    See question