My mother just passed away without a will. I have a durable power of attorney. Does that mean that the estate will be protected from probate? What are the first steps I should take at this point.
1 Answer from Attorneys
No. The durable power of attorney is only effective while your mother was alive. It dies with her. The will or the laws of intestate succession then take over. Since your mother apparently did not have a will, the state laws will determine who is entitled to her estate.
There are a variety of issues that will determine whether your mother's estate needs to be probated. You should contact an attorney for assistance in making that determination. We regularly assist families with issues in this area and offer a low cost initial consultation.