Legal Question in Wills and Trusts in Florida

Does a durable power of attorney become null and void upon my death? My daughter is my health surrogate-beneficiary-my checking is listed in trust for naming my daughter.

Asked on 8/14/09, 6:37 am

2 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

A durable power of attorney terminates upon death. You may want to name your daughter as executor of your estate in your will so that she can take care of your affairs after you pass. The executor distributes property to the beneficiaries according to your will or intestate succession (and executor and beneficiary can be the same person). I'm not sure what you mean by "my checking is listed in trust for naming my daughter." If there is a Trust involved, the issues are more complicated, and you should see an estate planning attorney.

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Answered on 8/14/09, 11:15 am

Frank J. Pyle Probate Attorney Throughout Florida

Yes. I assume you mean your account is ITF (in trust for) your daughter, in which case it passes to her upon your death without having to go through the courts.

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Answered on 8/14/09, 3:28 pm

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