After death does a POA still have legal access to the deceased’s contracts or legal paperwork if there is no Will?

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After death does a POA still have legal access to the deceased’s contracts or legal paperwork if there is no Will?

Asked on February 12, 2013 under Estate Planning, Texas

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

POA dies upon death of maker of POA. You are no longer POA, and therefore cannot access contracts or legal paperwork of deceased. You will need to obain appointment as administrator of the estate of deceased.

Elena Eckert

Answered 8 years ago | Contributor

After the death of the principal, POA is no longer valid.  Therefore, POA cannot access any legal documents or perform any actions that he was allowed to do under the terms of the POA.  

What you need to do in order to gain access to the deceased's legal paperwork is to petition the probate court to appoint you as an administrator of the estate of deceased.  


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