If there was no Will made and there are 3 adult children, who gets power of attorney?

Asked on July 17, 2015 under Estate Planning, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No one gets POA. The fact is that when someone dies, any POA they granted terminates.

After someone dies, an executor (if there is a Will) or an administrator (if there is no Will) is appointed by the probate court as personal representative to collect assets, pay debts/expenses and then distribute the remainder of the estate to the beneficiaries (if their is a Will) or heirs (if there is no Will).

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