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My mom has a lawsuit going,if she dies does the p.o.a take over,or is the lawsuit drop?
Optional Information: Country relating to Question: United States State (if USA): Florida Already Tried: noning.
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Good morning. Any Power of Attorney automatically terminates at death, but the lawsuit does not. But, rather than an existing power of attorney continuing to pursue the lawsuit, the executor of your mom's estate would pursue the lawsuit on behalf of the estate.
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Thanks for allowing meto be of service to you. Please be aware that the information provided here isnot legal advice. Rather it is simply general information. All states have intricacies in their lawsand any information given is simply information only and specifically is notintended to be, nor does it constitute, legal advice. This communication doesnot establish an attorney-client relationship with you. I hope this answer has been helpful to you.
Even though there is no "estate" any longer since she has moved in with her daughter, and her property has been sold, it does state in her will that the daughter is the executor. What your saying is this is sufficient. correct? Sorry for my ignorance but want to be sure we have everything done the correct and legal way.
Thanks so much
Her "estate" is a legal term...it means her affairs after she dies....not just property, but any and all possessions, including any rights to this lawsuit. The lawsuit would be considered an asset to the estate and the executor named in her will would have the right to pursue it on behalf of her. No worries...I'm here to help. :)
Experience: Attorney/Developer
Thank you very much. You have answered my question and I fully understand now. Thanks again