Skip to main content

Can i visit my moms condo without the poa s permission

Camden, NJ |

my mom has passed,my brother is poa.i have 3 siblings who are all listed as equal in the will.....

Attorney Answers 4


A power of attorney is terminated at death, therefore who is listed as an agent under a POA is not relevant after the death of of the principal (mom). Now that the person has passed, there is an estate and the personal representative represents the estate (executor). If that person has not been formally named (i.e., if the will has not been probated) they are not yet the executor so it has to become official. If you are not the executor I would refrain from entering the condo but if you can all agree that would likely be better so that no one says anyone did anything improper.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website:

Mark as helpful

5 lawyers agree


If your mother passed, and there is no probate and no trust, no one has authority to visit your mom's condo and be in control. The POA expired on your mother's death. That said, it is not advisable for anyone to go to the condo as they could be accused of taking things.

If there is a Will, it should be probated. If there is not a will, then probate is still necessary. The personal representative will be in charge of everything.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

Mark as helpful

2 lawyers agree


I agree with my colleagues. The agent under the POA has no authority, at this point. The executor under the Will has no authority until the probate estate is open. But visiting the condo without anyone else is likely to result in conflict, mistrust and accusations. Cooperation and communication are very important, at this point, in trying to minimize contentiousness.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

Mark as helpful

2 lawyers agree


Follow the advice in the preceding threads.Each comment is dead on correct.Powerofattorneylawyerinnj.come

Advice provided is general in nature and should not be relied upon without retaining qualified and experienced legal counsel who is able to review in details the precise facts and details of your legal matter.The law firm of Hanlon Niemann and fredrick p niemann disclaims any express or implied guarantees or warranties associated with this response.

Mark as helpful

2 lawyers agree

Wills and estates topics

Recommended articles about Wills and estates

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics