What rights does a power of attorney have have to a deceased person’s assets?

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What rights does a power of attorney have have to a deceased person’s assets?

My grandmothers friend passed away. She has about 100k in her account and does not have a Will.

Asked on March 28, 2012 under Estate Planning, Massachusetts

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

The POA has no rights to any of the assets by virtue of the POA.  The POA lapses at death.  The assets are controlled by the laws of intestate succession of the state where decedent lived.  The estate needs to be probated and an administrator/rix needs to be appointed.  Retain an estates attorney immediately to assist the family.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your grandmother's loss. I am assuming that she is the Power of Attorney, correct?  A Power of Attorney does not entitle you to inherit under the law.  In fact, it does not exist any longer as it died with the person for whom it was intended (the friend).  Your Grandmother should not do anything as it could get her in to trouble.  If her friend died with out a Will then the intestacy laws in the state will determine how her estate is distributed.  Good luck.


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