Legal Question in Wills and Trusts in Ohio

Power of attorney for deceased

My aunt died without a will-myself and three siblings are the only next-of-kin. Is it possible to obtain power of attorney to take care of her estate?


Asked on 8/09/07, 10:07 pm

2 Answers from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Re: Power of attorney for deceased

I am sorry to hear of your loss, and that your aunt failed to have an estate plan in place prior to her passing.

Your aunt cannot give someone the authority to speak (or sign) for her, since she no longer can speak for herself to do so. Even if she had given power of attorney prior to death, it would have died with her, so that is not an appropriate consideration for settling her estate.

If she was a resident of Nevada at the time of her death, there are streamline processes available, provided her estate is under certain value levels. Depending on whether it was less than $20,00 or less than $75,000 or less than $200,000, different procedures are available that are somewhat simpler and less formal than conventional probate. A competent probate attorney in Nevada can advise you about these options and guide you through filing for and pursuing such a course.

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Answered on 8/09/07, 10:37 pm
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Power of attorney for deceased

A power of attorney won't work. You would probably file an application with probate court to administer your aunt's estate without a will.

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Answered on 8/10/07, 9:12 am


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