Does the POA's powers end when the person is deceased or do they continue if they are also the sole benefactor of the estate?

Attorney answers (2)

1. 

   Joseph M. MasiukPro

   Southampton Estate Planning Attorney

   Contributor Level 13

   

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   Answered July 05, 2012 05:21. Sorry about the loss of Mom.
   
   Your question is a perfect example of why we have laws and rules. If we didn't, we'd have to endure being bullied by those who think that they can exert power over us.
   
   This time of grieving for your family is no time for this kind of power play on behalf of your daughter. My advice: Take enough time from your grieving to see a lawyer who will take steps to have the will made available for probate. Let him or her do the "heavy lifting" for you. You need the time and space to grieve Mom's loss in your own way without having to worry about your daughter's shenanigans.
   
   And yes, Mr. Fromm is correct. Mom's Power of Attorney died with her.

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2. 

   Steven J. Fromm

   Philadelphia Tax Lawyer

   Contributor Level 20

   Answered July 05, 2012 04:55. The POA lapses at the maker's death. She has no more power of mom's affairs than I do. The only person that can act for the estate is the named executor of a will or an administrator named by the court where there is no will.
   Get an estates attorney immediately to stop getting pushed around by someone who has no legal power.
   
   Hope this helps.
   
   Please remember to designate a best answer to your question.
   
   Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

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