my mom has passed,my brother is poa.i have 3 siblings who are all listed as equal in the will.....
Estate Planning Attorney
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.
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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.
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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.
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Medicaid / Medicare Attorney
Follow the advice in the preceding threads.Each comment is dead on correct.Powerofattorneylawyerinnj.come
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