North Carolina  |  Wills and Trusts

Legal Question

Asked on: 3/30/98, 8:13 pm

Absolute Power of Attorney & Probate Process

A relative of mine passed away recently in North Carolina. This relative had given "Absolute Power of Attorney" to his child. His child now thinks that she can continue to use this "Absolute Power of Attorney" to transact business for this relative even though he is dead. This child also thinks that the probate process is not necessary since they are the only child of this relative. This relative does, however, have grandchildren & great- grandchildren. Is the child correct about the "Absolute Power of Attorney?" Is there no need for probate even though there are other heirs?

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