Is my sister-in-law has durable power of attorney for my brother, what does happens to my mom's estate when she passes?
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Last updated: Aug 06, 2011
Q
my sister-in-law has general durable poa, for my brother, what does this mean for my mothers estate, when my mother passes?
Answers
A
Judy and Fred co-mediate family property and financial conflicts, and each work individually as mediators as well. Judy Barber, a mediator and family business...
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A power of attorney, even one that is durable (i.e. remains in effect after the person is unconscious or incompetent) is no longer effective once the principal (the person who signed it) passes away. At that point in time the executor (if they have a will) or substitute trustee (if they have a trust) takes over the legal authority. Thus you should find out whether your brother has a will or a trust, and then, find out who is named as executor or trustee. That is the person who will be in charge of all financial and legal matters upon his death.
