Legal Question in Wills and Trusts in Ohio

Re: Power of Attorney rights afte the person dies

When the person for whom you have a power of attorney dies, then the power of attorney dies.

A power of attorney does not give you property rights in the deceased's property after death and in most cases prior to death.

In all instances, a power of attorney requires the person holding such a power to act as a fiduciary for the individual who gave them the power of attorney. That means you (the person holding the power of attorney) is to use your best business judgment in carrying out the business needs of the grantor as specified in the power of attorney.

Bottom line, you have no rights in your mother-in-law's 401k or insurance. Nor do you have any rights in her home or other property.

In the event your mother-in-law owed you money, that is a different matter. It is a matter in which you need to see an attorney.

Re: Power of Attorney rights afte the person dies

The power of attorney terminated when your mother in law passed away. Once she died, the her assets became assets of the estate and the executor is responsible for preserving the assets.