If my mother is end-stage cancer and we have a power of attorney and living Will, will the power of attorney be enough for probate?

No Will for property after death.

Asked on December 14, 2011 under Estate Planning, Arkansas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A power of attorney ends upon the death of its maker. As such, when your mother passes, the power of attorney that you reference is no longer valid. If there is no Will or trust of your mother, I suggest that one be drafted by a competent Wills and trust attorney and that your mother carefully review the document before it is signed.

It is important that your mother be deemed competent to sign a Will or trust by her treating physician. Given her health, she should meet with a Wills and trust attorney as soon as possible so the document can be drafted, finalized and signed.


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