Legal Question in Wills and Trusts in North Carolina

I was the poa for my step-grandfather...he died yesterday-but am i still the poa of his estate if there is no will???

Asked on 8/14/11, 6:52 am

4 Answers from Attorneys

Jeff Rosner Rosner Law Firm P.A.

No - a power of attorney terminates at death.

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Answered on 8/14/11, 7:28 am

Cheryl David Law Offices of Cheryl David

When someone dies their power of attorney stops.

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Answered on 8/14/11, 8:57 am

Power of attorney ended at death. Your only duties are to provide an accounting of what you did with your step-grandfather's property to the personal representative of his estate and to turn over any property belonging to your step-grandfather to that personal representative.

If there is no will, then, your step-grandfather's wife, if any, can apply for letters of administration. If there is no wife, then any of his children can apply. If there are no children, then any of his brothers, sisters, nieces or nephews can apply.

If no one applies within 6 months of death, then you could ask the probate court to appoint a public administrator. You indicate that you are only the "step"-grandchild. You would not be a beneficiary of the estate, but if you want the job, then you could do it.

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Answered on 8/15/11, 1:33 pm

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