QUESTION
Can my dad’s power of attorney which is my brother, have power over my aunts estate if she died intestate?
Asked on Nov 13th, 2019 on Elder Law - New Jersey
More details to this question:
My dad is not of sound mind and he is only surviving brother of my aunt who died with no will. She has no parents, spouse, or children. There are 18 nieces and nephews, 6 of which includes myself and sisters and my brother . My brother already put his own lock on my aunts home the day after her death. Does him being POA for my dad allow this when we haven’t even gone through proper surrogates paperwork for admin?
1 ANSWER
2 Awards
Absolutely not. The agent under a durable power of attorney is only granted power with regard to the person who signed it and only while that person is alive. Even if it grants the agent power to act in estate matters, the agent must work through the usual legal channels, not take the law into his own hands.
Answered on Nov 14th, 2019 at 5:04 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.