Legal Question in Wills and Trusts in New York

One doesn't get a power of attorney over the affairs of a person who is deceased. A power of attorney must be done during the lifetime of the principal, and it becomes ineffective upon the person's death. Instead, when a spouse passes away, his assets will be distributed in accordance with his will (if he had one) or according to a state formula (if he did not have a will).

In addition, certain assets (known as testamentary substitutes) will pass outside of the estate -- jointly-held assets, in-trust-for accounts, and accounts with a designated beneficiary.

If there is no will, exactly how much of the estate that a spouse receives will depend upon which other close relatives survive.

You likely will now have to commence a probate proceeding (if there is a will) or an administration proceeding (if there is no will). You would do well to have an attorney handle this for you.

Good luck to you.

You will need to be appointed as Administrator of her estate by the Surrogate's Court in the county you resided. An attorney can handle this for you in an expedited fashion.

I agree with the other authors.