If there are 3 heirs and 1 had a power of attorney and dies, what happens to distribution?

Question

My 2 brothers and I are 3 direct heirs of our grandfather and at this time, we are waiting for our grandfather's estate to come to fruition and have distribution. Issue now is, 1 of my brothers died 5 months ago. In life, his mother was his POA. My remaining brother and I would like the distribution changed to us 2, versus 3 counting deceased brother. How does this happen?

Christine Socrates · Answer

That would depend on the will, if there is one.  It should state what happens to a deceased beneficiary's share.  If there was no will and has living children, they may be entitled.  If no children, then it may go to his mother.  I would recommend you speak to a probate attorney to properly evaluate the facts of this case and advise you more accurately.

Georges Shers · Answer

The distribution is based upon the language of the Will.  It may or may not state that only living heirs can collect anything or the heirs of a dead heir may be able to collect instead. The POA expires upon your brother's death.

John Ceci · Answer

A power of attorney is only effective while the person who signed it is alive. More importantly, your brother's power of attorney does not control the terms of your grandfather's Will (or the intestacy statutes, if there is no Will).  I don't know what you mean when you say you are waiting for your grandfather's estate to come to fruition. If there is an estate already opened and being administered distribution of your grandfather's estate will be according to the terms of his Will (or the intestacy statutes, if there is no Will). If there is a Will then whatever the Will says will control; if there is no Will then the intestacy statutes control.  If your grandfather is still alive he can re-write his estate plan if he wants to. That would be entirely up to him.

Christine James · Answer

It doesn't.  The deceased brother is entitled to his share (his estate will receive it) unless there is a will or trust that specifically says the death means he doesn't get his share.

Dara J. Goldsmith · Answer

The beneficiaries may already be vested. You should meet with an attorney who can review the file and advise if your request is possible. It cannot be answered in a hypothetical. It should be noted that a power of attorney dies when eh maker dies so a power of attorney given to someone while alive is not effective after death.

John Brennan · Answer

See an attorney, the details and will must be examined to give you an opinion.

Randall Romei · Answer

A POA has no effect on distribution from an estate.  If the grandfather's estate had a value of greater than $100,000 or contained real estate then there should be a probate opened to deal with the distribution of estate assets.  Assets held in a trust are not likely to be estate assets subject to probate.  Joint tenancy property and property having designated beneficiaries are not part of the probate estate by operation of law.  You do not state how the siblings are direct heirs, if it is by descent or as a named beneficiary in a Trust or Will.  If there is a Trust or Will then the terms of the Trust or Will control the distribution.  If the grandfather did not have a Trust or Will then the rules of descent and distribution apply.  If an heir or legatee was alive at the time of the death of a decedent (the brother died after the grandfather) then the share being distributed to the heir does not change even though the heir dies before the distribution.  The distribution that would have gone to the heir would now go to the heir's estate.  If the heir or legatee predeceased the decedent (the brother died before the grandfather) then the share due the deceased brother passes to his descendants per stirpes, if any.

Jayne Sebby · Answer

If your grandfather had a will, the terms of the will determines who inherits. If he didn't have a will, then the intestacy laws of the state he resided in at the time of his death will determine who inherits. If your deceased brother had heirs (spouse, children, parents), those people will probably inherit his share. A POA has no authority or standing in determining who inherits from an estate.

Mark T. Peters · Answer

It happens based on state law. If your brother had children, his share will go to them. If he had a wife, it will go to her. If he died without a wife or children, then his estate will distribute to his heirs at law (assuming there is no will), which sounds like it should be the two of you. If he died within 30 days of grandfather dying, then your state may deem that he predeceased grandfather. If it was later than that, then his estate will have to be probated. If he had bills, those will have to be paid first. So, you really need to talk with a local probate attorney to figure this out.

Victor Waid · Answer

Powers of Attorney die with the maker. The distribution intended for the deceased goes to his children or his mother.

Norman Green · Answer

Your brother's share goes according to his will, if any, or if not then to his heirs.  If his mother inherits from him, then you get his third only if she gives it to you.

James Weiner · Answer

You really need to discuss this with an ESTATE/PROBATE attorney.. because you do not give enough information to form a concrete opinion without a lot of assumptions.  For instance what do you mean by "Fruition" Estates get complicated very quickly so... Assuming that your grandfather has already passed and his estate is simply awaiting distribution and your brother passed AFTER your grandfather ... according to MICHIGAN law.. your deceased brother's portion of the estate would go to his heirs.  So did he have a Will or Trust that changed the distribution of his estate?   If not his estate (and his portion of your grandfather's estate) would go to his children, if none, to his parents (his mom and dad equally or if one predeceased him to the remaining), if they have both passed it would go to his siblings equally (just you two brothers?)   BTW Most likely his mom's POA for your deceased brother has absolutely no relevance in this matter and further it expired upon his death.

Mark Schaefer · Answer

Assuming your grandfather died in Georgia and your now deceased brother was alive when your grandfather died, your brother's estate is entitled to his share. If your brother died before your grandfather, then unless the will says otherwise, his children would receive his share if he had any children. If he did not, then his share would lapse and would go to the two of you.

Ronald Nims · Answer

If you grandfather had a will, then it could specify that his assets will go to his heirs who survive him by a certain length of time - six months say.  If he didn't have a will or the will has no such provision, then the share of the deceased brother will go to the brother's heirs - whoever is named in his will, if no will to his wife, his children, his parents - if there is nobody living in those categories, then to his siblings - which would be you.

Edwin K. Niles · Answer

A p/a dies with the grantor of the power.  Distribution is measured as of the original date of death, so if the deceased bro has kids, they will take his share.

James Frederick · Answer

It may not happen at all. It depends on a number of factors not mentioned in your summary. If your brother was alive when your grandfather died, then his share "vested" and it would pass through HIS estate. Whether or not you would be entitled to inherit would depend on who your brother's heirs are, and/or whether he left an estate plan. The person in charge of your grandfather's estate will need to determine the answers to these questions before distributing your brother's share.

Jeffrey Gottlieb · Answer

It doesn't work that way.? If your brother's share had already vested (not subject to a trust or survivorship clause) then his "estate" is entitled to be paid his shared. His estate passes under his Will, if he had one, or if not then to his heirs according to state law. The power of attorney doesn't apply after death.

Brian Haggerty · Answer

If your grandfather had a will, it should state whether the share of deceased devisee goes to that devisee's descendants, or to the survivors. If he had no will, then his share goes to his deschendants.

Andrellos Mitchell · Answer

A Will will decide how an estate is administered. If there is no Will, the state Probate laws will decide inheritance matters.

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If there are 3 heirs and 1 had a power of attorney and dies, what happens to distribution?

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