Legal Question in Wills and Trusts in Pennsylvania

POA for deceased family member

My aunt just passed away and I am her POA. I have handled her affairs for 4 years since she went into nursing home. I am not her executer. she has very little left and there will be no probate. I plan to file her tax return in order to receive the federal tax rebate due her for 2007. Can I (as POA) legally cash that check and add it to the money in her estate for distribution to the heirs?

thanks

lorraine


Asked on 2/21/08, 2:06 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Re: POA for deceased family member

First, you were never her POA you were her agent. The tense is key here you were you are not currently her agent.

If there was a will then it should have named an executor. If it didn't or the one named isn't or doesn't want to take on the task then you can petition the court for letters of administration.

As to the tax rebate. You can not file a tax return. One, you're not her agent any more that ended with the Principal's death. Two, a final tax return does need to be prepared but that's the executor's job. Three, I suspect there's some thing in the rebate rules that say it only goes to living taxpayers.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 2/21/08, 2:43 pm


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