I have a relative whom passed. her daughter had poa over her. the daughter underwent major brain surgery 12 hours after the passing of her mother. she never regained consious and was pronounced brain dead 3 days after the passing of her mom. the daughter has her own poa. does this give that person the rights to the mothers estate and funeral plans .

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Earleen1016, if the mother had passed then her estate goes to her daughter only if the daughter was listed in her mother's Will.... let's assume that the daughter was listed and she was the only child... since the daughter was alive at the time of her mother's death the daughter gets the mother's estate.

Then the daughter dies. It is whomever is listed in the daughter's Will that will get the daughter's estate and the mother's estate [since the mother gave her daughter her estate]. It could be a sibling, a child if the daughter had a child, a good friend, etc. or even given to charity if so indicated, or divided among everyone above.

The funeral is usually done by whomever volunteers. Hopefully there will be funds for both the mother's funeral and also for the daughter's funeral.

If there were no Wills, then it is up to the probate Court to decide what to do with the estates. The creditors get paid first, especially the funeral home if not paid prior.
Helpful Answer (2)

POA is a power that ends upon the death of the principal.

So, when your relative passed, the daughter's POA ended there. The person who has jurisdiction after the passing of your relative is the executor of the estate.

When her daughter passed, her own POA's power also ended. And now, HER executor has power over her estate.

The relative's executor still has jurisdiction over her estate.
The daughter's executor has jurisdiction over her estate.
POA is irrelevant in this case as it has ended.

Helpful Answer (3)

No. POA responsibilities ends in death.
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