Who legally gets my grand dads tax refund

My step aunt was poa over my grand dad. He
passed away naming me as executor of his estate.
She said she has 30 days to finish paying bills and
finalizing things with his estate. Having to get my
signature on things. Is that accurate? I thought a poa
only was while the person is living. My grand dad
has an income tax return coming back. He has 2
living daughters. It names me and one daughter as
getting x amount of money. Who legally does the
income tax refund go too? I guess my questions are
how long does a poa have after the person passes to
pay bills ect. And who would the tax refund go to.

Asked on January 29, 2019 under Estate Planning, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You are correct: a power of attorney or POA "dies" (so to speak) when the principal (person creating or granting it) passes away: the POA ceases the very moment the principal passes away. The agent/attorney in fact (person given power by the POA) has not power or authority from the moment of death forward. Once someone dies, their executor (if there was one appointed by a will) or court-appointed administrator/personal representative has authorityl.
The income tax refund go to the estate and is distributed or split the same way the estate's other funds or money is distributed.

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