Arizona  |  Elder Law

Legal Question

Asked on: 9/09/13, 3:20 pm

I have Power of Attorney for my 70 year old disabled sister. She has a will and a living will, but her will doesn't specify who will get her household belongings when she passes. She has no assets otherwise (in fact, has $5000+ in credit card debt as of now). We have other siblings. If not specified in her will, what will have to be done with her household belongings? Thank you

1 Answer

Answered on: 9/09/13, 4:52 pm by Donald Scher

If she has a Will, then that document says who gets her "household belongings," even though she did not make a specific gift of a particular item. The will should state who receives the rest and residue of her estate and that is who gets the household items. Your POA must be "durable" or it is invalid at the moment your sister became incapacitated. If it is a durable POA, you do not have the authority to decide who gets these items of her property.

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Donald T. Scher & Associates, P.C. 2200 E. Camelback Rd., #102 Phoenix, AZ 85255

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