Is my sister-in-law has durable power of attorney for my brother, what does happens to my mom's estate when she passes?

1 answer | Last updated: Sep 25, 2016
A fellow caregiver asked...

my sister-in-law has general durable poa, for my brother, what does this mean for my mothers estate, when my mother passes?


Expert Answers

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 consultant, assists clients in resolving overlapping family and money conflicts so they are better able to make sound estate planning decisions. Frederick Hertz is an attorney and mediator who specializes in resolving co-ownership matters involving families, siblings, spouses, cohabitants and domestic partners.

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.