Can a Power of Attorney effectively transfer an executorship?

UPDATED: May 30, 2012

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Can a Power of Attorney effectively transfer an executorship?

My grandparents recently passed away and my mother was named as executor. She does not want to do all the legwork associated with that responsibility and wants to grant my sister POA rights. Will the POA properly allow my sister to handle my grandparent’s estate for my mother?

Asked on May 30, 2012 under Estate Planning, New Jersey


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

Answered 10 years ago | Contributor

I am so sorry for your loss.  Some people recognize that they can not take on he responsibility of being the fiduciary of an estate.  It can be daunting.  But your Mother can not transfer that power to anyone.  She must "renounce" or "resign" her position and some one else can ask to be appointed in her place.  She has no POA rights over your grandparents estate now that they have passed.  A POA dies with the person or persons for whom it is in place.  And she can not transfer fiduciary responsibilities through a POA to act on her behalf to your sister.  Seek legal help.  Good luck.

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