Legal Question in Banking Law in Arizona

Can I get a Power of attorney for being the survivor of my late husband?


Asked on 1/05/10, 12:49 pm

1 Answer from Attorneys

Dustin Vidrine Wade & Vidrine, PLC

No. A Power of Attorney is a "power" granted by a living person to another person. Since your husband is deceased, any existing powers of attorney are also null and void. Depending on the circumstances, you would need to get appointed as the Personal Representative of his Estate. However, you may not even need to do this if the Estate is considered a "small" estate under the law. As the surviving spouse, you would have priority to become appointed as the Personal Representative under the laws of intestacy (no will). If your husband left a valid Will, then whoever is nominated in the Will may have priority to be nominated.

If you have any questions, feel free to contact me.

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Answered on 1/12/10, 12:40 pm


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