Legal Question in Wills and Trusts in Connecticut

Re: Power of attorney

Instead of a power of attorney, I think what you may be asking is how does one become an administrator of an estate. When the decedent dies intestate (without a will), usually the surviving spouse or next-of-kin (or even an interested party) petitions the surrogate�s court to be appointed administrator. (FYI: A power of attorney ends when the person giving the POA dies.)

As far as the death certificate, I know of no requirement wherein a family member must sign in order to proceed with funeral plans. And, regarding burial, the surviving spouse or the next of kind has the right (and acccompanying financial responsibility) to plan the funeral.

Re: Power of attorney

The deceased can no longer give anyone a power of attorney. The funeral home only needs to know who is going to pay them, or how they are going to get paid. So you don't need everyone in the family to sign anything to get her buried. One relative can take care of that. So your question should be who is going to take it upon themselves to get everything done. And I've never heard that anyone in a family got angry because someone else did all the work. If the estate of the decease is below $100,000.00 with no real property in it worth more than $20,000.00. There does not need to be a probate.

Re: Power of attorney

Thanks for your posting, and I am sorry to hear about your loss. As Mr. Hobbs mentioned, it is too late to obtain power of attorney if the person is dead (in fact they cannot legally give power of attorney if deceased). Also, only the attending physician can sign a death certificate, so I am unclear about your question about signing the death certificate.

To distribute the estate and have assets, such as a home or bank accounts, released to someone, you will need to file a probate case. You can do this yourself, or through an attorney, and you will need to have someone in or out of the family willing to serve as "administrator", to be appointed by the court to administer the estate of the deceased. If you have other questions, or want more information, please feel free to email me or call my office. Thanks, and best of luck to you.