What rights does a power of attorney have after the grantor of the power has died?

UPDATED: Oct 20, 2012

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What rights does a power of attorney have after the grantor of the power has died?

My mother died in a nursing home at the age of 93. Her sister-in-law was her power of attorney. I asked her if I could see my mother’s estate information but my aunt said no, that there was nothing left to give me. Do I have the right to see those records?

Asked on October 20, 2012 under Estate Planning, Illinois


Catherine Blackburn / Blackburn Law Firm

Answered 10 years ago | Contributor

A Power of Attorney expires when the principal passes away.  So, unfortunately, your authority as agent expired when your mother died.  If you are a beneficiary on a will or trust, you have a right to see it.  If you are not a beneficiary, you have no right to see it.  If there is nothing to inherit, there is no good reason to pursue this.

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