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joeMatt Asked March 2018

Can the power of attorney give one sibiling control of property and other assets for a father that has passed if there are others living?

JoAnn29 Mar 2018
So the answer to your question is no unless he is also executor to the will. If no will a close family member can go to the probate office and be made Administer of the estate. No will also means the state steps in. The estate is then divided up between the children.

Midkid58 Mar 2018
POA ends at death--then the will/trust kicks in and the executor(s) take over. Our POA is co-held by our two daughters. They are also our executors.

"Having POA" is probably the MOST misunderstood "job" we hear about here!

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cwillie Mar 2018
I'm not sure what you are asking joeMatt, but POA expires at death, after that the executor or administrator of the estate must follow the instructions written in the Will - the executor named in the Will may or may not be the same person who was POA.

anonymous439773 Mar 2018
If the Power of Attorney was for the father and he has passed, the Executor the estate takes over. Power of Attorney ends on the death of person who gave POA.

GardenArtist Mar 2018
Joe, any POA is ineffective after death, when it ceases to have power. Who handles issues after death depends on (a) who's successor trustee, if your father executed a trust, and/or (b) who is/are named as personal representatives (f/k/a executor or executrix).

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