Legal Question in Wills and Trusts in Florida

Re: Durable POA

Any power of attorney terminates at death. At that moment, probate laws take effect. The personal representative of the estate has whatever power there is to have concerning the estate (and the decedent him or herself of course, through will and trust provisions).

Re: Durable POA

No. Not really, the closest thing being co-trustee or successor trustee of a revocable living trust or appointment as personal representative by the probate court.

Re: Durable POA

All POAs terminate at the Principal's death. I'm not quite sure what you mean by the second question. I imagine you are referring to the decedent's property. There are different ways for a person to plan for distributing property at death (i.e. will, trust, payable on death accounts, joint tenancies).

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