My dad passed away 3 weeks ago and he didn't have a last will, how do I go about getting power of attorney because I'm his oldest born?

Question

James Frederick · Answer

You do not get a power of attorney for someone who is deceased. You would seek appointment as personal representative of his estate. This is done by filing documents with the probate court in the county where he resided at the time of death.  I am very sorry for your loss.

Paul Nidich · Answer

You should find a local probate attorney.  You cannot get a power of attorney,  but the probate court can appoint you Administrator or Executor of your father's estate.

Richard Keyes · Answer

A power of attorney is void upon a person's death.  You need to open up a probate estate of there are assets in your father's name only at the time of his death.  You seed to be either the executor or the personal representative.  Please contact an attorney.  Have your father's death certificate, the names and address of all the children, whether he was divorced or widowed at his death and the date of the occurrence, and be able to have the names of any banks, the bank account numbers and the date of death values.

Mark T. Peters · Answer

You can't get a power of attorney because he is dead.  What you can do is open a probate estate, pay his bills and then distribute the remainder to his wife if she is alive, or to you and your brothers and sisters if she is dead.  I suggest you talk with an attorney about the best way to do this.

Christine James · Answer

Poa is not appropriate after death.  See an attorney. You likely need a probate.

Nathan Wagner · Answer

Sorry to hear about your dad. You can petition the probate court where your dad lived to make you the administrator of his estate. But first, talk to a probate lawyer. Depending on what assets he owned, you may not need to go through probate at all. Also, you can't technically get "power of attorney" now, because a power of attorney is only effective during the person's lifetime. You want to be named "administrator" or "personal representative."

Georges Shers · Answer

You can not get a power of attorney because that can only be given by a live person.  You are thinking about being an executor of the estate which requires that probate be opened and you petition the court to be the executor.  Nolo Press has some good guide books written in lay language about how to handle this.  You can e-mail me if you have additional questions.

Kelvin Green · Answer

Powers of Attorney are not valid after death. If the estate is worth more than $150000 you will need to file.

Victor Waid · Answer

Your dad died. So did his power to issue you a power of attorney.

Bernard H. Greenberg · Answer

You cannot get a Power of Attorney since he has died. Your next step is to see about probating his estate.

Ben Liu · Answer

A power of attorney is no good now since your dad passed away.  You will need to probate the estate.

Jayne Sebby · Answer

Power of attorney is only effective during a person's lifetime.  You will need to file a request with the probate court in the county your father resided in and ask to be named executor or personal representative of your father's estate.  As he died intestate, state law will determine how his assets will be distributed.

Brian Haggerty · Answer

Power of attorney is granted by the principal, and dies when the principal dies. You need to petition the court to be named administrator of your father's estate.

Benjamin Gordon · Answer

A power of attorney will not help you in this situation.  Powers of attorney terminate with the death of the person who created them.  In order for you to wrap up his affairs and administer his estate, you'll need to file a probate case, specifically an Application for (formal or informal) Appointment of Special Administrator, with the Court.  As indicated, this can be done either informally or formally.  Informal proceedings can be done within a matter of a few weeks.

James Oberholtzer · Answer

It depends on how much property he had.  If it is less than $200,000 of real estate and $75,000 of other property, you can use a small estate affidavit.

Frances Headley · Answer

Without a will you must either probate the assets or use one of the probate alternatives available to small estates.  You can not use a power of attorney after the person has passed except for final burial instructions.  You should consult a probate attorney to review all of the facts and advise you.

Eric Lewis · Answer

You cannot get power of attorney after somebody has died. You have to open a probate estate.

Charles Perry · Answer

First of all, I am sorry to hear of your loss.  Your father's death means that you can no longer obtain a power of   attorney.  You thus have to handle your father's affairs through   another means.  That may mean you need to open a probate.  I strongly suggest you talk to a probate or estates attorney in your   area for assistance.

Julie Mains · Answer

Your terminology is incorrect.  It is not power of attorney that you get since your father is deceased.  The answer depends on a few factors.  What is the gross value of his estate?  Did he own property?  Are there other siblings?  Was there a living spouse?  If no spouse and other siblings and the estate is under $150,000.00, a small estate affidavit signed by all beneficiaries can usually get most titled assets transferred properly.  If the gross estate is over $150,000.00 and has real property involved, you will need to file with the probate court in the county of death and have an administrator appointed and letters issued in order to settle the estate.  You will most likely want to consult with an attorney in either regard.

James Maguire · Answer

You would not get power of attorney, since your father is deceased.    What you would probably need to do is qualify as the Administrator of his   estate. Any one of his children could qualify. There is no legal preference  for  the first-born.

Michael Doland · Answer

You don't need to get a power of attorney since none is possible from your deceased father. You must open a probate to transfer real property, if any. If no real property and the estate qualifies as a small estate you may avoid probate and collect assets by Declaration for distribution.

Norman Green · Answer

No such thing as a power of attorney for a dead person.  See a lawyer to petition for letter of administration.

Rian Ankerholz · Answer

This is still a common situation.  A Power of Attorney is not the answer.  Although Powers of Attorney are very useful during a person's lifetime, a Power of Attorney is no longer effective after a person's death.  After death, the decedent's Last Will and Testament nominates a person to serve as Executor to manage postmortem business.  If there is no Will, then a probate judge can appoint a suitable person as Estate Administrator to handle estate business. If a Trust is involved, the terms of the Trust my allow a Trustee to handle matters related to trust assets after the death of the person who created the Trust.  Consult an experienced estate attorney.

Phillip Day · Answer

Once your dad has passed, power of attorney will not work.  You need to file a petition for probate administration with the county clerks's office and attempt to be appointed the personal representative of the estate.  I would highly advise that you contact a probate attorney to assist you with this endeavor.

Dara J. Goldsmith · Answer

Someone needs to be appointed Administrator by the probate court.  A power of attorney is not effective after death.,  You should speak with probate attorney about your father's estate and next steps.

Kathleen Delacy · Answer

Powers of attorney only valid during life.  There is an order or preference for acting as Administrators of estates, so if no spouse and other siblings will renounce, you can act.

Susan Wideman · Answer

A power of attorney will not help you.  That is a document that is used to do things for a person who is alive but incapacitated or unavailable.  You will most likely have to Petition the Court to be your father's personal representative if he does not have a will or if he had a will and named you as Personal Representative.

Jeffrey Gottlieb · Answer

Can't have power of attorney over someone who is deceased. If there are assets to administer, you need to open a probate estate.

John Brennan · Answer

You must open a probate estate in the county he was residing in at his death.  You will need an attorney and what you need is powers of authority, not a power of attorney.

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My dad passed away 3 weeks ago and he didn't have a last will, how do I go about getting power of attorney because I'm his oldest born?

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