My mom has a lawsuit going,if she dies does the p.o.a take over,or is the lawsuit drop?
Country relating to Question: United States
State (if USA): Florida
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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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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. :)
Thank you very much. You have answered my question and I fully understand now. Thanks again
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