If my wife is power of attorney for her mother’s estate and her mother just passed away, what all needs to be attended to legally?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my wife is power of attorney for her mother’s estate and her mother just passed away, what all needs to be attended to legally?

We have the coroner and funeral home taken care of. I know we need a death certificate but do I need that first to go forward?

Asked on June 5, 2012 under Estate Planning, Illinois

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  You need to know that a Power of Attorney dies with the person for whom it is in place (called the principal or your Mother in law here) so the POA is no longer valid.  What your wife needs to do is to be appointed as the personal representative of her mother's estate.  Once appointed then the LEtters Testamentary (if there is a Will) or Letters of Administration (if there is no Will) will give her the power to act.  She will need to gather assets and debt and give notice to creditors and beneficiaries.  9 months after her death she will need to file estate tax returns.  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