Legal Question in Wills and Trusts in Massachusetts
my aunt recently passed away in massachusetts without a will. She had no property,a joint checking acct with her brother,a small life insurance policy and i believe a small pension. My uncle was her beneficiary,he is now trying to prepare her final tax return and is being denied copies of tax documents that were never received because he is not executor,someone told him he needs a POA,how can that be possible when my aunt is deceased?
3 Answers from Attorneys
POA is useless. It is only valid when the person is alive.
That person is wrong!
He needs to file a small administration of your aunt's estate and get appointed administrator. Once he is appointed, he can get the tax information.
I agree with my brothers that the powers granted in a power of attorney instrument (the power to conduct business and deal with property and accounts) terminate automatically upon death. Someone will need to petition the court for voluntary administration of your aunt's estate. As has already been said, once you are appointed administrator, you have the authority to pay debts, manage accounts, and transact business on behalf of the estate.
Please don't hesitate to contact my office if you require any further assistance.
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