Legal Question in Wills and Trusts in New Jersey

can power of attorney also be the executor of the will


Asked on 5/09/10, 7:49 pm

1 Answer from Attorneys

Rosemary Simon Hoyle Law, LLC

Upon the death of an individual, a power of attorney document is no longer valid.

It only controls while an individual is alive.

Whereas, an executor of a will, is the individual to handle a deceased person's estate.

So, yes, if a person appoints the same individual as his or her agent for the power of attorney and as the executor of the will, then it can be the same person.

However, it is not automatic.

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Answered on 5/19/10, 8:13 am


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