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

Asked almost 2 years ago - 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. Julie Aletta Paquette

    Contributor Level 15

    7

    Lawyers agree

    1

    Answered . 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.

  2. Kenneth R. Gold

    Pro

    Contributor Level 11

    4

    Lawyers agree

    1

    Answered . The power of attorney is no longer valid after the person dies.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.

  3. James P. Frederick

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . 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
  4. John R. Dresser

    Contributor Level 5

    3

    Lawyers agree

    1

    Answered . 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

  5. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,145 answers this week

2,772 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,145 answers this week

2,772 attorneys answering