Legal Question in Wills and Trusts in Florida
can a durable power of attorney be used to designate a pay on death beneficiary
Asked on 11/17/10, 1:34 pm
3 Answers from Attorneys
John Harmon
The Law Office of John W. Harmon
Depends on what the durable power of attorney has for powers.
Answered on 11/22/10, 1:50 pm
Kellen Bryant
Law Office of R. Kellen Bryant, P.L.
Yes, if the power of attorney says that the agent can designate a pay on death beneficiary.
Answered on 11/22/10, 1:56 pm
It depends upon the DPOA, and if it is considered to be a testamentary distribution. If so, then normally no. Powers of Attorney expire upon death also.
Answered on 11/22/10, 1:58 pm
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