Mother passed away yesterday and we need to gain access to her retail property.
You dont need a POA you need letters of special administration. You should contact a probate attorney immediately for assistance.
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Divorce / Separation Lawyer
I am very sorry for your loss. A power of attorney is only valid when the person is alive. Now that your mother has deceased you must go through the probate process.
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POA only available from the living. You need to open an estate perhaps; contact an estates lawyer where she lived and ask.
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I am very sorry for your loss. Unfortunately, as noted by counsel, a Power of Attorney will not assist you. Please contact an attorney in your mother's state of residence to assist you with any necessary probate court filing.
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To get letters of administration, you must bring a copy of the death certificate to the register of wills, the original Will, and the completed petition for probate and related forms. They are available, on-line, but are not always easy to prepare. It takes some homework on the part of the designated personal representative to get the papers together in order to open the estate. And you will be surprised to learn that each County handles their estate filings in a slightly different way.
I agree with my colleagues. Probate will be necessary to gain access to your mother's assets. The probate court will appoint an executor or administrator for the estate and literally give that person "letters" of authority to take control of the assets. Since your mother died so recently, it is unlikely you will be able to act, right away. You usually cannot open a probate estate until you have a certified copy of the death certificate.
I would suggest that you deal with the funeral and arrangements this week and work through the grieving process. When you have the death certificates, you should meet with a probate attorney to determine what needs to be done to get probate started.
I am very sorry for your loss.
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Elder Law Attorney
In regard to the retail property, is this property owned solely by your mother, or it part of a partnership or other business entity? If solely owned by your mother you need to go through probate, and have a personal representative appointed, who will handle the affairs. If other business entity, it may be different, I strongly suggest you seek ledal advice.
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