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

Answers:

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 As such, when your mother passes, the power of attorney that you reference is no longer valid.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.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.