Legal Question in Real Estate Law in Florida
Power of Attorney
Can I continue to take care of legal matters regarding a person who is now deceased, under a Durable Power of Attorney?
2 Answers from Attorneys
Re: Power of Attorney
Not legally. A power of attorney is a lifetime document. When either the maker or the recipient dies, it is no longer valid. At that point a will comes into play through the probate court.
Re: Power of Attorney
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No. A Power of Attorny dies when the person who gave you the Power of Attorney passes away. If you continue to use it, it will be in violation of Florida law and you may be found to be in violation of criminal laws.
Once the person dies, an estate should be filed and a Personal Representative will be appointed who can then handle the affairs of the estate.
Scott R. Jay, Esq.