What do I need to handle someone’s affairs when they pass?

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What do I need to handle someone’s affairs when they pass?

A durable power of attorney?

Asked on November 26, 2018 under Estate Planning, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

First of all, a power of attorney termiates upon the death of the principal, so that will serve no purpose here. If they have a Will, then the person named as executor will be in charge of adminstering estate matters. If they die without a Will, then you can go to the probate court in the county in which the deceased was dominciled as the time of their death and asked to be appointed as the personal representative of the estate (this is the same role as an executor would serve if there was a Will). 

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You will need to be designated the executor in the person's Will to handle affairs after death.  If the person dies intestate, which means without a Will, you can petition the court to be named executor of the decedent's estate.


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