If a person has no Will but their spouse has power of attorney, can it be used instead to distribute assets, etc.?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a person has no Will but their spouse has power of attorney, can it be used instead to distribute assets, etc.?
Asked on March 17, 2014 under Estate Planning, Iowa
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
The power of attorney won't be effective because it terminates at death.
If there isn't any Will, the rules of intestate succession determine inheritance. Intestate means dying without a Will. Under intestate succession, the surviving spouse inherits the entire estate. If there isn't any surviving spouse, the estate will be divided equally among the surviving children. If there is a deceased child who had children, the grandchildren will inherit the share their deceased parent would have inherited.
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.