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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 34276
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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If I become my mom's power of attorney does that mean all of

Customer Question

If I become my mom's power of attorney does that mean all of her debt becomes mine when she passes?
Submitted: 1 year ago via LawDepot.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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No, a person acting under a power of attorney is just the agent of the grantor of that POA. That means that they are just acting on behalf of the grantor. Since they are just an agent, they do not assume any legal liability for the grantor's debts when they pass. The creditors can only look to the estate of the deceased for payment.

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thanks

Barrister

Customer: replied 1 year ago.
if she has a joint account with me does that mean that the account could be frozen?
Expert:  Barrister replied 1 year ago.

No, once she passed, you would instantly become the sole owner of that account and any fund in it. It wouldn't be considered part of her estate and subject to her creditors.

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thanks

Barrister