Legal Question in Wills and Trusts in Oklahoma
Statutory Durable Power of Attorney
I was made agent (attorney-in-fact) in a Statutory Durable Power of Attorney for my mother. This was executed December 9, 2003 in Texas. My mother died January 23,2004 following surgery for a brain tumor. Her Will written in Oklahoma ~ 1999 has her preacher as the Administrator. I know she wanted me to be the Adminstrator of her Will. Does my being named Agent in the Power of Attorney replace the Adminstrator named in her Will? This Statutory Durable Power of Attorney has broad and sweepin powers including estate, trust and other beneficiary transactions.
3 Answers from Attorneys
Re: Statutory Durable Power of Attorney
The power of attorney is only good during the lifetime of the grantor. It has disappeared. If all of the heirs agree, the probate judge will probably appoint you as administrator or executor. My sympathy at the loss of your mother.
Re: Statutory Durable Power of Attorney
Your power of attorney ended with your mother's death. If the preacher, and others mentioned in her will are willing, the court may appoint you as adminstrator. Otherwise her choice, the preacher, will be the administrator.
Re: Statutory Durable Power of Attorney
Short answer to all - no.
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