How to become a power of attorney?

Question

My mother died, and her husband is currently in jail for rape of my sister. He is being a real prick because our family never liked him. We just found a million dollar life insurance policy on her. He is curently doing 15 years. Does anyone know how i go about becoming power of attorney over a deceased, so the monies will be split between her kids.

Answer 1

The question you need to answer first is who is the beneficiary on the policy?  If the jailed husband is the beneficiary, I don't know that there is much you can do about it; it is legally his money, whether he is a jerk or not.  I would talk to an attorney and see what can be done...

Answer 2

I am sorry to read your story

You can not become power of attorney over a deceased.  The beneficiary she designated in the policy will prevail.  

You should get legal advice ASAP.  Even if he is the beneficiary there may be action you can take given the circumstances.

Answer 3

Power of attorney is only for the living.  You're talking about being executor of her estate.  You have to go to probate court, and ask to be appointed.  

But now that she's deceased, it's too late to change the beneficiary clause, sorry.  Whomever is listed as beneficiary, at the time of death, gets the money.