Legal Question in Wills and Trusts in Massachusetts
POA vs. Executors
I am the Power of Attorney for my grandmother. I have full check signing etc. I have taken care of her for as long as I can remember ie. handling all her finances, her care etc. and always looking out for her best interests and quality of life. She is dying rapidly and my father (estranged) is the executor of her will. He is not being left anything but is just the executor. What becomes of my Power of Attorney after she passes away? Am I to continue paying her bills and settling obligations? Both she and I are on her checks with POA next to my name. Please advise. Thank you.
3 Answers from Attorneys
Re: POA vs. Executors
A Power of Attorney is terminated/revoked automatically upon the death of the person who granted the authority.
At that point the Executor is put in charge.
Re: POA vs. Executors
A power of attorney is revoked upon death of the principal. After death, all legal matters are handled through the estate.
Re: POA vs. Executors
I agree with the prior posting. If there is no estate there is nothing for the executor to do. You may be able to amend the will. Your obligations regarding any bills as of the day she dies are gone. If the money is hers, and survives her death, it becomes part of her estate, subject to the control of the executor.