Legal Question in Wills and Trusts in Maryland
my aunt just passed and had left her unmarried partner as a power of attorney. Now that she has passed, does her unmarried partner still have power of attorney? or does the financial power of attorney go to her daughter?
2 Answers from Attorneys
The Power of Attorney ceases to be effective at death and is therefore no longer valid. At this point, the Personal Representative or Executor will have authority over your aunt's estate. Hopefully, your aunt had a will naming her partner. Otherwise, the State's (I assume Maryland) intestate succession laws would dictate who would have authority to be appointed (most like the daughter from the information presented). Please feel free to contact my office at 240.625.9455 to discuss the matter further.
The power of attorney terminated upon the death of your aunt. Now your aunt's property is subject, generally speaking, to (a) any applicable beneficiary designation in her bank accounts, etc., (b) her will, if she has one, or (c) the state laws of intestacy, which control when someone dies without a will. Your aunt's daughter should contact an attorney to ensure her legal rights are protected.
Good luck,
Sean Morris
301.294.6570
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