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

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1. Licensed in MI

   

   Julie Paquette

   Southfield Probate Attorney

   Contributor Level 14

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   Answered September 20, 2012 05:36. 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.

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2. Licensed in MI

   

   Kenneth R. GoldPro

   Plymouth Estate Planning Attorney

   Contributor Level 11

   

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   Answered September 20, 2012 06:33. The power of attorney is no longer valid after the person dies.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.

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3. Licensed in MI

   

   James Frederick

   Livonia Probate Attorney

   Contributor Level 20

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   Answered September 19, 2012 22:31. 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... more*** 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. less

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4. Licensed in MI

   

   John R. Dresser

   Sturgis Estate Planning Attorney

   Contributor Level 5

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   Answered September 23, 2012 12:55. 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

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   Joseph PippenPro

   Largo Estate Planning Attorney

   Contributor Level 20

   

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   Answered September 20, 2012 06:34. 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... moreThe 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. less

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