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Can a legal representative living in Arizona, assign a General

Power of Attorney to an...
Can a legal representative living in Arizona, assign a General Power of Attorney to an agent living in Michigan where the estate is, to handle some of the affairs of the estate?
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Answered in 19 minutes by:
9/8/2013
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,474
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Generally no, because one should not assign a fiduciary duty to another by Power of Attorney. I would caution the AZ executor against using a Power of Attorney to shift duties If the entire estate or even substantial real estate is in MI, but the named Executor lives in AZ where there may not be assets, then it would be preferable to have the MI individual appointed in MI to serve as co-executor of the estate. That way the actions of both executors can be supervised by the two state courts and they will thus be protected by the court orders..

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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,474
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Customer reply replied 4 years ago


Why would there be two state courts involved in an estate located solely in Michigan?

I thought that might be the case, but I wasn't sure. Please disregard my statement about two state courts being involved. But the rest of my answer still applies. A named executor cannot delegate the duties by Power of Attorney. He can either step out in favor of a MI personal representative being appointed, or stay on as an out- of- state Co Executor. Which is best would depend on the nature of the property, relationship(s) with the heirs etc...and other details

I hope that this information is helpful. If not, and you need further information, please do not rate this Answer and just send me a Reply asking for clarification. After that, I hope you will enter a positive rating so that I will be compensated for assisting you. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

 

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