Legal Question in Wills and Trusts in Massachusetts
Who has more authority after the death of a family member... The Executor or the Power of Attorney? Can the Power of Attorney over ride the Executor's final say of the Will?
Asked on 12/29/10, 3:33 pm
2 Answers from Attorneys
Alan Pransky
Law Office of Alan J. Pransky
A power of attorney is revoked at death. The executor makes all decisions after death.
Answered on 1/03/11, 4:36 pm
Christopher Vaughn-Martel
Charles River Law Partners, LLC
A power of attorney is no longer valid following the death of the principal (the grantor of the powers). An executor has no real power until he or she is officially appointed by the Court. Following death, a power of attorney is completely void.
Answered on 1/04/11, 7:54 am
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