If my son just passed a way without a Will and he had a fiancé who has a power of attorney over his estate, do I have a legal right to control of his final affairs?

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If my son just passed a way without a Will and he had a fiancé who has a power of attorney over his estate, do I have a legal right to control of his final affairs?

His grandparents have given her power of attorney.

Asked on April 24, 2014 under Estate Planning, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

A POA does NOT give someone power over an estate. If there was no will, his assets will be distributed as per your state's rules on intestate succession (who gets what in the absence of a will), which will be parents, siblings, children, grandparents, etc., but not a fiance. The person who controls the estate will be the court-appointment administer (since there was no will to appoint an executor). Contact your probate/surrogages/chancery court about the process, about who will be the administrator, etc. If you feel the fiance is acting improperly or taking things belonging to the estate, retain a lawyer and file a legal action to stop her (and/or seek compensation).


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