PoA Legal Question

Scott, Not licensed in Florida where mom lived but Powers of Attorney are only good while the person is alive. Once they die everything they own for the most part is then owned by the estate. This excludes certain jointly held assets, Reitrement plans, Assets held in trusts etc. So unless florida has some funky law The power would have expired when your mom died. If you are named as executor under her will you will essentially have the same powers for the estate as you would have had for her under the power of attorney.

I know a couple of good estates attorneys in Florida if you would like a more definitive answer.
 
Scott, I'm certainly no lawyer, but according the link below the durable PoA ends at passing.

Here's the quote if you don't care to do further research:

9. When does the durable power of attorney end?

It ends at your death. That means that you can't give your attorney-in-
fact authority to handle things after your death, such as paying your
debts, making funeral or burial arrangements or transferring your
property to the people who inherit it. If you want your attorney-in-fact
to have authority to wind up your affairs after your death, use a will
to name that person as your executor.

Your durable power of attorney also ends if you recover sufficiently
from your injury or illness and revoke it.

http://www.lectlaw.com/files/est06.htm
 
Yea Scott. Just went through this when my Dad passed. It's worth talking with someone familiar with the appropriate state's laws.

Dad has a power of attorney but it was in case he couldn't manage his own affairs and was still living. Once he passed, that was void.

In CA, where Dad passed, they had a small estate provision. Under $100,000 was real simple; no probate. Since Dad had set up living trusts, those passed outside the estate. Same with insurance proceeds. Only left his bank accounts in the estate and they were under the $100,000 mark. Just had to have an attorney sign a small estate affidavit; copy of the will and letter from the executor with instructions. Couple banks gave us some grief, but it all worked out.

Hope all goes well. I know it's not fun.

Best,

Dave
 
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