Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am sorry for your family's situation.
A Power of Attorney is completely different
than a Last Will and Testament
. The two do not work together.
Once the person that made the POA has passed, the POA power dies with them. So the POA agent (i.e. the person who received the POA) would no longer be able to act under that POA - it becomes invalid.
Not that he could, anyhow. A Last Will and Testament appoints an Executor
for the estate
. Once probate
is filed, the Executor of the estate gets something called a Letter of Testament/Administration
(hereinafter "Letter"). This Letter will allow the Executor to switch over the assets from the deceased individual to whoever will own the property. It is like a "Power of Attorney," but from the Court. Without that Letter, there is no way to transfer titled property and switch the assets into the beneficiaries' names.
But how to begin the process to have the WILL probated and the Executor (mentioned in the Will appointed)? Any interested party (such as the grandchild) may file probate and demand to see a copy of the will from whoever has a copy on them. Once the copy is provided, the Executor (per the Will) is appointed and the probate proceeds and the estate is divided.
An attorney is highly recommended because probate is a highly complex situation.
May I recommend the CO Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
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