What are POA duties after death? - AgingCare.com

What are POA duties after death?

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Mom passed on sunday- brother has all POA- ive questioned his intent-
I was denied basic info ie-if she had a will, financial situation, and I was not told or included in the closing of her apt- everything that was in her house- he took them refused to tell me-
said he had auction- wont tell me about it-
can I get that info now?
I was not told why he moved her to another NH , and I wasn't included in giving info. to her drs and NH. I had taken care of her for 13 yrs, and then brother removed her to another state-
he has POA but I believe she was coerced and not aware of what she was signing away- can u shed some light on what can I do now?and what he no longer has the power to do now that she passed? thanks

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I'm told by my attorney that the POA ends at death and who ever is the Executor of the estate is now in charge if there isn't a guardianship in place
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POA is out, EXECUTOR is in. Executor is bound by the laws of the state where the person died. Executor must first pay all the bills, including payback to Medicaid for everything Medicaid paid for her care. This usually is not enough to cover all the expenses. Chances are the estate is less than zero.
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I understand that a will is typically, though not always, a public document, and you can typically see it; sometimes this may be delayed about a year. If you contest it, you will end up seeing it. If it goes into probate, it is definitely public. You can search ehow or other onine sites for informal information, but as a potential legally entitled beneficiary you really should be granted access to this document. You cared for her for 13 years without having any documents for yourself as POA or anything?? Wow...that must not have been easy!
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POA ends in death of the principle. Executor takes over the estate upon principles death. Executor has a duty to keep heirs informed of the probate process. No will, a court will appoint an executor. If your brother is not the executor he does not have the legal authority to dispose or touch the property and assets of the deceased. Your only recourse is to seel legal advice.
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Sorry. You can contact her attorney if you know who they would be. Try to talk to brother about the estate and see what is left for the family. Might be nothing. If you suspect that he coerced her or used funds in appropriately, then you can report and have investigated such that brother will have to provide written documentation and copies for financial transactions he made on moms behalf or under his POA oversight.

Sorry to hear of your loss.
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POA is no good once the person is dead. It's power ceases once person is dead. The Will and estate then kicks in and the executor duties kick in.
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