Legal Question in Wills and Trusts in Ohio

My father lived out of state (florida) with a girl friend. He passed away with no will. Is a power of attorney that was NOT done with a lawyer only with a notary when he was ill----Is this legal?? Does his children have rights to his assets


Asked on 7/12/10, 8:09 pm

2 Answers from Attorneys

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

A power of attorney is can work even for out-of-state matters, but only as long as the person who drew it up is alive. In your case, it is no longer effective.

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Answered on 7/13/10, 7:56 am
Christine Socrates Meyers, Roman, Friedberg & Lewis

I agree with Atty Patete, in that the POA is only valid while your father is alive. Any assets that he died with in his name alone would pass by the laws of intestate succession and go to his children. If there are assets held jointly with survivorship rights would pass to the survivor and assets that have a beneficiary designation would pass directly to the beneficiary listed.

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Answered on 7/13/10, 9:29 am


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