Legal Question in Wills and Trusts in California
Durable Power of Attorney and Estate
I understand that DOA for financial terminates on death of Principal. Can someone confirm that a family member who is named the agent in the DOA and also named in an existing will of the Principal will retain rights under that will?
2 Answers from Attorneys
Re: Durable Power of Attorney and Estate
These are two completely separate documents. The will only becomes effective at the moment of passing. The Power of Attorney, if not limited within the instrument itself, remains effective until canceled or death of the creator.
If you are in need of Probate assistance or with the execution of a will, please feel free to contact me for a free consultation at 626-578-0708 ext.4 or through my web site at www.No2Probate.com.
Scott
Re: Durable Power of Attorney and Estate
this question cannot be answered correctly or completely without reviewing the power of attorney and will.
any authority or rights under the will depend upon the language of the will and who is named as exeutor. in addition, many forms of property may pass at death outside of a will - such as life insurance, retirement accounts and joint tenancy bank accounts or real property.
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