Ask an Estate Law Question, Get an Answer ASAP!
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
Although it may not make sense, the court would consider both to be in force and legitimate unless they somehow conflicted with one another.
The law allows for more than one POA to be in effect.
If there was a conflict then a judge would have to rule on the issue in order for one to void and they will usually rules the last one in time is effective, all other things being equal.
You're right...it doesn't make sense. Last one in time does make sense.
The reasoning is that someone may wish to give additional people a POA and not want to invalidate the earlier ones. If they do want to invalidate it then they can say so in the subsequent POAs.
Suppose the first one was the intended one, and 13 years of memory issues clouded that intention, and the new one mistakenly named two sons.
Who has more more control of an estate after the owner dies, the executor , or the POA agent?
Is there a question to go with that hypothetical?
As to the question, the POA has no effect after death. The executor would only have power after the probate is opened and the executor appointed by the court.
If I am the executor, and my brother and I are joint POA agents, at the time of death the POA ends and the executor handles getting the estate in order. If there was a disagreement as to be ?donated where money should be donated , who has the authority to make the call
Once the executor is appointed by the court the executor would have the authority. The POA has absolutely no meaning as far as handling the estate after death.
However, the executor also doesn't have the power to interpret the will so if there is any doubt as to what the will wanted done as far as donations the executor would be wise to have the court interpret that section.
Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).