Legal Question in Wills and Trusts in Washington
Is the Power of Attorney of a decease son still valid
My recently deaeased son had designated me his attorney-in-fact with a Durable Power of Attorney to remain in force until he revoked it, prior to his marriage. He didn't revoke it after his marriage, because he realize his wife was not capable of taking care of such matters . It gave me full power to do anything he would do for himself including taxs, legal suits, action or claims,ie: speaking or acting for him, & ratified all my action as his own. It was not to be affected by disability or incapicity. Is it still valid? His wife had me pay for ALL funeral expense, & now that a large wrongful death suit and big money is in her futher,as only a spouse can bring about a suit. Can I recover funeral expenses from the award that should go to his estate? If so, How? She is distancing herself,& believes she does not have to repay his Funeral expenses and not telling us anything. I don't know if there is a will, & I don't think there is a Community Property Agreement. Do I still retain any legal rights to insure my sons debt are paid, & his daughter provide with a trust fund that is excuted properly?
1 Answer from Attorneys
Re: Is the Power of Attorney of a decease son still valid
My condolences on the death of your son. A power of attorney is only valid so long as the person who signed it is still alive. Upon his death, your daughter in law had authority to open a probate of his estate, which she must have done if she has brought a wrongful death claim. If she has opened a probate, all you need to do is to go down to the courthouse and research the case number (not hard), then you can look through the file to see if there was a Will and what it said.
If you paid the funeral expenses, you are entitled to be paid back from the estate. If she has not paid you back, you are then a creditor of the estate. You have to put in a creditor's claim within 4 months of the opening of the probate (if a notice to creditors was published in the local business journal) or within 2 years if it was not published.
The estate then has to accept or reject your claim within a certain amount of time or you can get a default judgement in Superior Court. If she rejects your claim then you simply open a new action in Superior Court proving that you spent the money and that you are entitled to be repaid.
As for your granddaughter, if she is left any money outright, the courts will usually appoint a GAL to put the money into a blocked bank account. But there is no way for you to force your son's wife to put money into a trust account for her (unless his Will directed that to happen).
Again, I am sorry for your loss, and hope that this helped.
Caroline
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