If there was no Will made and there are 3 adult children, who gets power of attorney?
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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
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 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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