Legal Question in Real Estate Law in Pennsylvania

Can you remove furniture from a deceased home before going to attorney to go over will if you are the power of attorney


Asked on 12/28/15, 7:35 am

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

I assume you're asking can you remove property from the home of the deceased because your were the agent of the deceased.

Notice the key word in the previous sentence WERE. Once the principal dies you ceased to be their agent. The power of attorney is dead too.

Power of Attorney: A DOCUMENT that grants the right of some on to act for another.

Principal: The person who grants the power to act on his behalf to another.

Agent: The person given the power to act on behalf of the principal.

{John}

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Answered on 12/28/15, 8:12 am
ANDREA G. TILLIS Law Offices of Andrea G. Tillis

Thank you for your question,

As my colleague correctly stated, one who acts as the "Attorney in Fact" for the principal under a Power of Attorney, loses all power when the principal dies because a Power of Attorney is valid only while the principal is alive.

Nothing should be removed from a decedent's home. The executor named by the decedent in his will (or the Administrator, if the decedent died without a will) is charged with the duty of taking an "inventory" of the decedent's assets which he will file with the OrphanS' Court and then distribute these assets in accordance with the terms of the will, or in accordance with the laws of intestate succession.

Kindest Regards,

ANDREA G. TILLIS

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Answered on 12/31/15, 12:40 am


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