Legal Question in Wills and Trusts in Massachusetts

Yes you can file for probate of your mother's estate. Any heir can file. Besides, the power of attorney was revoked when your mother died.

A POA ceases upon the death of the grantor of the power, so the POA is irrelevant.

Any heir can file to open the estate of a deceased. Did your mother have a Will? if so, you should get the original and file it with the probate court.

If she died without a Will you can file to open the estate and seek that you be appointed administrator. Your siblings may prefer someone else in which case I would strongly suggest you get assistance from an attorney.

I'm sorry to hear that you have lost your mother.

The POA was rendered void upon your mother's death. An attorney-in-fact does not have the authority to act on behalf of a deceased person.

As far as probating your mother's estate, if your mother had a will, the individual who she nominated to be executor should probate the will in the probate court. If she died without a will, then her next of kin (you included) have the right to commence administration of her probate estate as administrator.

If you would like the assistance of counsel in carrying out your duties, please do not hesitate to contact our office. We can provide you with as much, or as little, oversight and assistance as you need.