My husband had given power of attorney to his nephew prior to us getting married. Now he's deceased so who has control of his property and assets?
The power derived from a POA extinguishes at the death of the person who gave the power. If there was a will or trust, the person named in there would have the authority to administer the assets. You should meet with a probate attorney to advise you on options to administer your husband’s estate.
You do. Who are his next of kin. You may have to file probate even if it’s only a smal estates administration.
All of Ms. Straus’ responses are intended as useful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. They may not be what you wished to hear, they do not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. She also regrets that blunt responses may be taken as "rude" by those who wished a different opinion. Good luck.
I agree with attorney Jan. The POA is no longer effective now that he has passed away. If there is a will or trust that names an Executor or trustee then they have the power to administer the estate. I recommend that you consult with a probate attorney
As the surviving spouse, you know have the priority to deal with your husband's assets. How to do that depends on whether there was a will or trust, the nature of the assets, how the titles are on assets, etc. A consultation with an attorney would be the best place to start. Best of luck.
NO NO NO NO! This is a common myth. POA's DO NOT substitute for a Will or a Trust. Once the granter of the POA ;passes, the POA is now moot and useless. As to the property, it depends on how the property was titled first, and then you determine how this happens. If your H had no Will then I strongly advise that you talk to a probate attorney. If you H did not have a Will then you would have priority over administration of your husbands estate over any other person such as a nephew. But find a probate attorney now.
It is not clear in your original question if the spouse is the same person that originally given the POA. If not then no, just marrying someone does not nullify a POA given to someone else. You must do a new POA naming your spouse.
POA expired at husbands death. Nephew has no power.
You are entitled to priority in administering deceased husband's estate.
Probate may/not be necessary. Depends on character and size of estate.
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