Can a person with power of attorney sign that over to someone else after the death of the original person?

Question

My mother recently passed away. I just found power of attorney papers for her ex-fiancee. Does he have the right to sign that over to me since my Mother is no longer living & i'm her sole survivor?

Answer 1

It's been a while since Law School, but I am almost sure a Power of Attorney expires when the person dies.

What you need to do is go to Probate Court, and get yourself named Executor or Administrator of her Estate.

Answer 2

A POA expires upon death.  You now need to probate her will or otherwise file to administer the estate.

Answer 3

Power of Attorney is null and void at death, then the will of the deceased is the current leagal document controlling that persons estate (property, possesions, investments, cash, etc.)  It is best to contact an attorney, preferrably the attorney that drew up the documents.  If POA was prepared, most likely a the attorney who prepped the would also have drafted the will at the same time.  Try contacting the drafting attorney's office.