Legal Question in Wills and Trusts in Mississippi
Power of Attorney
Does a power of attorney stand after death. Also if a man and wife are both deceased and did not have a will and the property was still in both names, does that become air property? My uncle and Aunt by marriage are the ones in question. Her niece had a power of attorney, and she has taken it upon herself to handle everything including disposing the property and bank account and leaving my uncle's family out comletely.
Would appreciate any help.
Thanks again,
JRW
2 Answers from Attorneys
Re: Power of Attorney
Any power of attorney terminates upon death of the principal (the one who gave the power of attorney). If a person dies without a Will, that person's property becomes the property of his or her closest heirs. Apparently your aunt and uncle did not have any children so the first question is which one survived the other. The property would then decend to the closest relatives of that person, i.e. his or her surviving brothers and sisters and parents in equal shares.
Re: Power of Attorney
Powers of attorney do cease upon death. If there's no will, the property of the decedent passes non-probate (to the heirs) in accordance with Mississippi law. If your uncle and aunt died at the same time, 100% of their property would be divided equally among their children. If your uncle died first, his property would go 50% to your aunt, and the other 50% would be divided equally among his children. Then, when your aunt died, all of her property would be divided equally among her children.
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