Legal Question in Wills and Trusts in Arizona

Power of Attorney

Does a relative who is total beneficiary

in a ''will'',need to have power of attorney to carry out wishes in the ''will''?


Asked on 3/05/07, 6:18 pm

1 Answer from Attorneys

James Jenkins Jenkins Law Center PLC

Re: Power of Attorney

Let me clear this up for you. A power of attorney is for authority to act on behalf of someone during his or her lifetime. It lapses upon death of the principal.

A will states who gets the assets in a probate. The person who acts is the personal representative named in the will, but has to be appointed in a court case; the probate court appoints the personal representative.

A small estate may be collected by the personal representative, if the estate meets certain criteria, without a court case and with sworn affidavits.

Hope this helps. If there has been a death and you need further advice you can get a free, no obligation consultation in person or by phone by calling 480.835.1500. If there is a will it is better to get the in-person consultation and bring the will.

Best regards.

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Answered on 3/06/07, 11:36 am


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