What happens now that a great-grandmother recently passed away and left her daughter as executor of her estate, which has been completely paid for?

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What happens now that a great-grandmother recently passed away and left her daughter as executor of her estate, which has been completely paid for?

What will happen to the great-grandmother’s family who had been her caretakers and living with her on the property for 9 years? The woman’s daughter would like to force out the family, do they have any rights to stay in the house? No mention of the family keeping the estate was named in the Will. The daughter had been granted POA prior to the passing, and in that document she was named executor of the estate.

Asked on August 5, 2012 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  First you should know that a POA dies with the person for whom it is established.  And generally only a Will can name an executor, although the POA may be evidence of the intent of the Executor.  And the executor can only act after the court has appointed them to the position.  You may indeed have to leave but I would speak with an attorney in your area about the circumstances.  Good luck.


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