Estate Law Questions? Ask an Estate Lawyer.
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Now that my mother has passed on, do all of the remaing assets fall under the control of the will and the executor.
Correct. Once mother passed, anything in her name then instantly becomes an asset owned by her estate. Once someone files a probate case and is appointed as executor of the estate, they will be able to gather all assets and begin to settle the estate.
I belive power of attorney is only inforce when she was alive. Is this correct?
Correct again, a POA expires at the instant of death of the grantor.
So as long as there is a validly executed will naming you as executor, that would still be valid and put you in control of the estate once you are appointed by a judge.