Skip to main content

What rights does someone have that is the excutor and power of attorney ? Can they do what they want with the will after passing

Oxford, MI |

How and when can the rest of the family see the will? Can the one power of attorney, excutor change thing to get more of the will money?

Attorney Answers 5


  1. Nobody can change anything to get more money. You get to see the Will once it has been admitted to probate. If there is a probate estate, (assets titled in the decedent's name alone), then this would normally happen reasonably soon, following the death.

    James Frederick

    *** 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.


  2. The simple answer is no, the personal representative (executor) cannot change anything. A power of attorney is no longer effective once the individual who granted the power passes away.

    Before the assets can be distributed, if the assets are in the decedent's name only, a probate estate will have to be opened. All of the heirs and beneficiaries listed in the will must be notified and given a copy of the will.

    To determine if you are an heir depends on which relatives of the decedent were alive when the decedent passed away.

    Often, all or most of an individual's assets are owned jointly, and therefore no probate estate will be needed and the beneficiaries get nothing. This is a common misunderstanding that the heirs/beneficiaries find disappointing.

    Consult with a probate attorney to get more concrete information regarding your situation.


  3. The power of attorney is no longer valid after the person dies. If a Will needs to be admitted to probate, the person's heirs and the people who take under the Will are entitled to a copy. The PR can not legally change the Will.


  4. The POA is void upon death.
    The instructions in the will must be followed
    exactly. The PR has some descretion on the timing of liquidating
    or transferring the estate.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


  5. The answer is no. The power under the power of attorney terminate at death. If you are named as personal representative under a will you legally act when the probate court appoints you and you file an acceptance of trust with the court

Wills and estates topics

Top tips from attorneys

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