Legal Question in Wills and Trusts in Missouri
Power of attorney and wills
Is a will needed if a person has appointed a poa over their estate?
1 Answer from Attorneys
Re: Power of attorney and wills
A power of attorney does not control the estate after death because the authority granted to the agent named in a power of attorney ends at the death of the person who signed the power of attorney (the "principal").
The principal's estate is unaffected by the power of attorney. The estate will be managed and distributed according to the decedent's will, "will substitutes" (a trust or beneficiary designation), or state law if the decedent had no will or will substitutes.
For more information, go to www.estateplanning.com/keith. The article "Avoiding Probate Becomes Easier" discusses beneficiary designations. The article "You Have the Power" discusses powers of attorney.