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Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 31521
Experience:  30 years experience in the practice of estate law.
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Does power of attorney rights (of 90 days) extend beyond a

Customer Question

Does power of attorney rights (of 90 days) extend beyond a person's death. Client died before 90 day time period.
Submitted: 10 months ago.
Category: Estate Law
Expert:  retireddebra replied 10 months ago.

The POA ends at the moment of death.

From the moment of death on it is the executor who takes over.

Does that answer your question?

Customer: replied 10 months ago.
No. I am the executor and POA, trying to excute what I know to be her wishes. I was her husband, so there is now a conflict of interests. We refinanced our house and she died in the midst of the transition (ie: title insurance coverages.
Expert:  retireddebra replied 10 months ago.

I am sorry for your loss.

As well, I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. In Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.

I can only speak to you by posting up and back over this site.

Your role as POA is over.

Now as executor you have to carry out the terms of the Will.

It is not about all of her wishes but just what her wishes are as set out in the Will.

Do you see what I mean?

Customer: replied 10 months ago.
There is no will.
Expert:  retireddebra replied 10 months ago.

What province is this please?

Are there children?

Customer: replied 10 months ago.
You have not aswered. Should I contact the previous or present financier of my house?
Expert:  retireddebra replied 10 months ago.

I have not answered as I need more information.

I need your province and I need to know if there are surviving children.

Customer: replied 10 months ago.
I'm in Conroe, Texas. Hello Canada! Our children are 30 and 31 years old.
Expert:  retireddebra replied 10 months ago.

Where did your wife live and where it the property?

Customer: replied 10 months ago.
With me and son in said house in Conroe, Texas, USA-- just south of y'all.
Expert:  retireddebra replied 10 months ago.

I don't know why this question is on the Canada law list.

Please disregard my answer as I have no idea what the law is in Texas and I will ask the site to move this question over to the correct list for you.

Customer: replied 10 months ago.
Thanks anyway. I understand the delima...
Customer: replied 10 months ago.
Bye.
Expert:  Loren replied 10 months ago.

Good afternoon. Just as in Canada, all POAs terminate automatically upon the date of the principal.

Otherwise, if they did not there would be no need for probate since people could just appoint an attorney in fact and dispense with wills and probate court.

After death, the will or intestacy statute takes over.

Customer: replied 10 months ago.
You have not aswered. Should I contact the previous or present financier of my house?
Expert:  Loren replied 10 months ago.
You would contact the current lender.