If my husband just passed away but did not have a Will, what should I do now if I have his durable power of attorney?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my husband just passed away but did not have a Will, what should I do now if I have his durable power of attorney?

Is it necessary to go to probate? We were married right after high school and were each other’s only spouses. We have one daughter, age 32.

Asked on September 10, 2014 under Estate Planning, Kentucky

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss.  The Power of Attorney is no longer valid. Once a person passes away it is void.  If you held everything jointly then you may not have to do anything.  It passed to you automatically at the time of his death.  You may want to consult an attorney as to assets and pensions, etc., and find out if there is anything you absolutely need to do.  The intestacy statute would govern any estate distribution since he died with out a Will.  Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption