Legal Question in Wills and Trusts in Massachusetts

Re: agreement forms

Yes. Power of Attorney ends at death.

Re: agreement forms

I assume that you are talking about a power of attorney. The rights granted in that document die along with the person who granted them. The estate of the decedent is controlled by whomever the court appoints to be the executor or the administrator.

Please feel free to call me if I can be of assistance.

Re: agreement forms

Your Power of Attorney ends at death.

The estate of the deceased needs to be opened and probated if they have any assets.

I caution you not to pay any bills from the deceased accounts after the date of death. This could cause you personal problems.

Re: agreement forms

If by power, you mean power of attorney, then yes, the power ends at the principal's death. Any assets must at that point be controlled by the executor or administrator of the estate, if the principal dies with any assets in his or her sole name.

Please let me know if I can be of any assistance to you.

Re: agreement forms

yes

Re: agreement forms (termination of power of attorney)

Assuming that you are referring to a "standard" durable power of attorney, the death of the principal terminates the power, provided that the agent has knowledge of that death.

In certain cases, the agent may lawfully bind the principal after death:

CHAPTER 201B. UNIFORM DURABLE POWER OF ATTORNEY ACT

Chapter 201B: Section 4. Death, disability or incapacity of principal; acts of attorney without actual knowledge

Section 4. (a) The death of a principal who has executed a written power of attorney, durable or otherwise, shall not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under such power. Any such action so taken, unless otherwise invalid or unenforceable, shall bind a successor in interest of the principal.

(b) The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power shall not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under such power. Any such action so taken, unless otherwise invalid or unenforceable, shall bind the principal and his successor in interest.