If I divorce my wife, will she still have authority over my father's estate?

Question

My wife was given a power of attorney over my father's estate before he passed away, and now he is deceased.  If we get a divorce, will she still have control over his estate?

Erven Nelson · Answer

The power of attorney terminated by law at the death of your father.  If she was appointed as the personal representative of the estate in a will or trust, that would be different.

Jeffrey Marsocci · Answer

More information is definitely needed to properly answer this question, but here are a few points:  * A "power of attorney" expires when someone passes on. If you mean that she is the executor of the estate or the trustee of a trust, then that is a different matter and control could continue.  * If you are the beneficiary of an estate, you do have certain rights.

Nathan Wagner · Answer

A true "Power of Attorney" only lasts during the person's lifetime. When your father died, any "power of attorney" he gave to your wife became useless and gives her no authority over his estate.?  If you mean that your father's will appoints her by name as "executor" or "executrix" (which would give her the power and responsibility to manage his estate), she would still be the executor of the estate, even if you divorce.

Shadi Ala'i AlaiShaffer · Answer

She shouldn't have a right based on your legal divorce however you want to make sure there is another appointed agent in line after her and request that she step aside or relinquish her powers as agent under the power of attorney. You can also ask her to appoint you as his agent since she currently has power. Whatever you do you need to consult with an attorney to assist you. Goodluck.

Dara J. Goldsmith · Answer

A power of attorney dies with the maker.  She is no longer his attorney-in-fact, thus she has no power, unless she was also named his Trustee or Executrix.  This information is only intended to give general information in response to an inquiry.  It does not establish an attorney client relationship.  This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.

Norman Green · Answer

A power of attorney expires on death.  So it ends when your father dies.  Your divorce is not relevant.

Victor Waid · Answer

If you mean Power of Attorney from your father to your wife, the Power of Attorney died with your father; so she loses all control over the estate. You should obtain the assistance of probate legal counsel to file a petition into probate court to have you appointed administrator of his estate.

Brian Haggerty · Answer

Power of attorney dies with the principal. Do you mean your wife was made personal representative of your father's probate estate? If that's the case, there is nothing intrinsic in the divorce that would change anything about the probate, but it might be a good idea to include that in your negotiations for a property settlement.

Mark Manning · Answer

No. Powers of Attorney are an agency relationship. You need to have a principal - the maker who is giving authority and an Agent - the person receiving the power. Powers of Attorney  ceases immediately upon the death of the maker, i.e. your father. So she would have no power under the power of attorney at this time.  When someone dies, they have a large enough estate and a new legal relationship needs to be created, i.e. that of an Administrator of the Estate or in Michigan a "Personal Representative" they are appointed directly by the Court. And if you wish to challenge her appointment in the Court you will have the ability.

Susan Wideman · Answer

A power of attorney does not have any power over another person's estate.  They only serve as a substitute decision maker for the person while that person is alive.  If you dad is deceased, her power of attorney authority has ended.

Frances Headley · Answer

If she is named executor then she can still serve in that capacity.  If she was given a power of attorney that power terminated with his death.

Ben Liu · Answer

The power of attorney is no longer valid if your father is dead. You may have to probate his estate.

Thomas Edward Gates · Answer

The Power of Attorney ends with your father's death.  If there was a will, it will identify the Executor of his estate to handle probate.

Bernard H. Greenberg · Answer

Any Power of Attorney is revoked as a matter of law upon the death of the person making out the document.

Jayne Sebby · Answer

Power of Attorney only exists while the person granting the power is alive.  Since your father is dead, she no longer has any responsibility to manage his estate.  An executor should be named to handle the assets of the estate, pay final bills, and distribute any remaining assets.

James Frederick · Answer

A power of attorney ceases to have any effect, upon death. If your wife was named as personal representative, that is another matter. If the estate is open, then it is likely that your wife would continue to act as PR, unless the court is asked to make a change. If the estate is not open yet, then you can object to the appointment.

Mark T. Peters · Answer

Nope.  The power of attorney ended when he died.

Kathleen Delacy · Answer

If she was appointed in his will as Executrix and he is now deceased, yes she remains Executrix unless she resigns.

Geoffrey Germane · Answer

A "power of attorney" dies when the person who granted it dies.  Divorce doesn't necessarily terminate it, but death does.

Christine James · Answer

Power of attorney expired on your father's death.  If she is executor of his will or trustee of his trust, she will still be in control of his assets.  If not, whomever is named will be in control.

David Leon · Answer

The power of attorney died when your father died. It's no good anymore.

James E. Reed · Answer

Regardless of a divorce, a power of attorney ends when the principal dies.  Your wife's rights and obligations under the power of attorney ended when your father died.

John Brennan · Answer

Unless there is a petition in the probate court to change your father's executor or personal representative from your wife to someone else, she will remain in that position, and have the same duties and obligations as before.  The probate and divorce actions are separate.

James Maguire · Answer

Power of attorney expires at the death of the person who granted it.

Gerald Bagazinski · Answer

In Michigan the power of attorney is no longer valid once a person dies.

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