Legal Question in Wills and Trusts in Wisconsin

Wills, Executer of a Will, and power of Attorney

I have a couple of questions I can't find the answers to.

1. Does debt an individual has transfer after he/she has died?

2. Is it possible for people who have power of attorney (POA) to retain that status and act on the behalf of the principle after the principle has died?

3. Can the executer of a will interpret the intentions of the deceased or must he/she execute the wishes of the deacesed as stated in the will to the letter?


Asked on 12/17/05, 7:15 pm

2 Answers from Attorneys

Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Wills, Executer of a Will, and power of Attorney

Greetings,

1. Your debts are owed by your estate after you die.

2. Power of attorney ends at death.

3. Generally you follow the Will. Sometimes the will is not clear, then you have to try to interpret.

The above answers are very general and not guaranteed to apply to your situation. Your facts, which I do not know, are all important. I cannot give you advice or confident answers to your questions because I do not have the factual background.

If you would like to arrange a phone call consultation for a small fee, email me. I could likely provide you with much better guidance.

Thanks,

Mark J. Mahoney

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Answered on 12/17/05, 9:58 pm
Thomas Schober Schober Schober & Mitchell, S.C.

Re: Wills, Executer of a Will, and power of Attorney

1. When a person dies, their assets and liabilities pass by law to the personal representative of their estate. 2. A durable power of attorney remains in effect in Wisconsin after a person becomes disabled, but ends in all cases upon death. 3. While there may be some leeway for interpretation, clear directions of the decedent that may be readily complied with by the personal representative must be honored.

I hope these answers assist you. Tom Schober

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Answered on 12/22/05, 4:01 pm


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