If my mother died without having a Will, should I apply for power of attorney?

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If my mother died without having a Will, should I apply for power of attorney?

She was still legally married but separated for 2 years. I am her eldest child. What are the benefits of acquiring power of attorney?

Asked on December 12, 2011 under Estate Planning, New Jersey

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 9 years ago | Contributor

Once a person dies, (s)he no longer needs a power of attorney to handle personal matters.

The person's estate needs an administrator of the estate. Nowadays, it's irrelevant what your birth order is under the law.  The husband will be administrator unless he doesn't want the position.  


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