Question 1: Power of Autorney can you also be beneficary of that persons will and estate.I understand this is a " living document" and is seperate from a will. Question 2: If you are listed as a benaficary, are you allowed to be a Trustee or Executorof that persons will, so sort out their funneral, house contents etc. Thank you for your time. M.E.
Province/Country relating to question : Sussex - UK-England
No other to date.
-Could you explain your situation a little more?
Cannot really explain any further - To hold the position of Power of Autorney - can I also be a named Beneficary of this persons estate -
I understand this is a " living document " . (Call it Mrs Jones Estate.) and ceases on her death.
Will of the deceased Mrs Jones Estate - if I am named as a Beneficary
can I also be one of her Trustees/Executors to sort out her home,belongings ect on her death and on her behalf or does this have to be " a other named person(s)"
I cannot explain any further - thank you. ME
It would be much easier if you gave us the facts rather than a series of isolated statements and questions.
I think I know what you're asking.
If you have a power of attorney, that power ceases on death. That power of attorney does not give you the power to write a will deciding what happens to somebody's assets. If they are not capable of writing will because they have, for example, dementia then they must either die intestate or do what is known as a statutory will.
If you have been an attorney during somebody's lifetime there is no reason why the person cannot write a will making you, the attorney an executor and a beneficiary.
However the attorney cannot self appoint themselves as executors of the will, that must be done by the (the person writing the will), the testator.
Your duty as an attorney ceases on death and you have no power to do anything after that unless you are an executor.
Can I help further? Please don't forget to positively rate my answer, (even if it isn't what you wanted to hear), and I will follow up any points you raise for free. If you don't rate it positively then the site keep your deposit and I get 0 for my time.
The thread remains open for you to ask follow-up questions. Thanks
PGD Law. 20 years legal profession, 6 as partner in High Street practice
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).