Legal Question in Wills and Trusts in New Jersey

power of attorney

Does a power of attorney have more rights over an alternate executor? The power of attorney was drawn up two weeks after the person died?


Asked on 7/27/02, 10:46 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: power of attorney

A power of attorney has no effect after the person who created it dies. In your question, you stated "The power of attorney was drawn up two weeks after the person died?" If it was drawn up but never signed, it has no effect.

If the agent appointed in the Power of Attorney is the person who died, then if a successor agent was named, that person would now have the power; if not, the person who created the Power should execute a new one naming another agent and successors.

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Answered on 7/27/02, 3:36 pm


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