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Can some who has a durable power of attorney sign and file a small estate affidavit for an heir

Houston, TX |

Does having a durable power of attorney give a person the rights to file court documents on behalf of that said person

Attorney Answers 4

  1. Best answer

    It depends where the heir is signing. If the heir is signing the portion regarding heirship, then no because only the person who has actual personal knowledge of the facts made in the affidavit can sign and the heir would be considered an interested party. If the heir is signing (and notarizing) the portion of the small estate application agreeing to the application, then yes, his authorized agent could sign. Be sure to include a copy of the power of attorney.

    If this response was helpful, please mark it as helpful or as a best answer. The response provided herein is for informational purposes only and is not intended as legal advice, nor does it establish or intend to establish an attorney-client relationship. You should always speak with a licensed attorney regarding your legal rights before taking or not taking any particular action.

  2. POA's are only valid while the Principal is alive. They are automatically terminated at death. The POA naming you agent is of no use for any purpose.

    My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained.

  3. It depends upon what authority has been granted under the POA document. Usually a well drafted Durable General Power of Attorney will include the power to sign such legal documents, but the POA should be reviewed by a lawyer to see what it includes.

  4. In my state, a small estate affidavit does not need to be filed with the court. Courts are often very reluctant to allow a non-attorney to handle any court proceedings for a principal, even if the POA form allows it. That is what attorneys are for. If you get any resistance in your case, you are going to need an attorney to assist you.

    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!

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