If my friend died without a Will do I, as his power of attorney, have claim to his assets via probate?

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If my friend died without a Will do I, as his power of attorney, have claim to his assets via probate?

My life-long friend, who has no living relatives, made me power of attormey. He prepared a Will naming me beneficiary and personal representative. However, the Will was not executed before he passed away.

Asked on December 28, 2012 under Estate Planning, Hawaii

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

The answer to this question depends on Hawaii law.  Ordinarily, friends have no inheritance rights and powers of attorney expire at death.  However, your friend's circumstances are unusual and I suggest you consult with a very experienced probate attorney to see if there is a theory under which you could inherit your friend's property -- perhaps as a joint owner, constructive owner, constructive trust, or something else. Good luck.


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