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Elderly parents

After death

3 replies

PattyDuckface · 10/11/2023 23:55

Can somebody please advise me on what happens when a person dies to the responsibility of the attorney (PoA Financial)?
How does an attorney who has been running the financial show for years become the executor?

The attorney and the executor of the will are the same person

OP posts:
Tarmaced · 11/11/2023 06:40

Think I'm right in saying:

POA ends when a person dies and whoever is Executor (in this case, the same person who was attorney) takes responsibility.

As an Executor you have to apply for Probate and once that's granted, ultimately distribute the estate as per the terms of the Will.

MereDintofPandiculation · 11/11/2023 10:31

Yes, @Tarmaced is right.

First steps as executor will be to register the death, then get lots of copies of the death certificate. Then you have to start tracking down all the assets and debts. Once you know the size of the estate, you can apply for probate.

FluffyFluffyClouds · 12/11/2023 20:30

Crucially they are completely separate and POA ceases on death.

So if you have POA and are the executor of their will, be aware that

a) bank accounts are frozen once the banks hear the account holder is dead (unless joint with someone still living) (they will release funds for a funeral)

but

b) typically time of death is not put on the death certificate and therefore it's very hard to tell, if money was moved round on the day a person died (e.g. to make sure a cleaner's bill was settled), whether it was done before or after the POA ceased...

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