Oct

11

What kind of power of attorney do I need to file if the person is already deceased?

Filed Under legal 

mssweetthang26 asked:


My brother passed away and he has never been married and has no children. He did not have a power of attorney and now we are trying to file taxes, deal with his personal property, real estate etc.. and we need to have a power of attorney… I am going to try to file this forms myself but is very unsure which power of attorney I need to file to give my mom all the rights to act on his behalf … Could someone please advise me … I am in the state of Mississippi.

Raul
Share and Enjoy: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • Bumpzee
  • del.icio.us
  • Facebook
  • Furl
  • Mixx
  • NewsVine
  • Reddit
  • StumbleUpon
  • YahooMyWeb
  • Google

  • How do you revoke durable power of attorney in the state of missouri?
  • What to include in the letter to fire attorney?
  • power of attorney when selling a motorcycle?
  • Who pays the Attorney’s fees related to settling an estate when there is a Recocable Living Trust involved?
  • How can a power of attorney affect the custody of a minor?
  • What kind of attorney that provides services when your mother passes to get information?
  • Filing of Patent Applications

    • Comments

    No Responses to “What kind of power of attorney do I need to file if the person is already deceased?”

    1. JC on October 14th, 2009 10:49 am

      I dont believe you would be filing to become a power of attorney since he is already passed (sorry to hear that, btw). I think you would be seeking to be the executor of his estate.

    2. darkdiva on October 17th, 2009 12:39 am

      If your brother is deceased, you cannot get power of attorney. You can have yourself named administrator of his estate. The estate will have to go through probate if it was not contained in a trust. You will need an attorney to assist with the matter and get hold of somebody who will not attempt to cheat you.

    3. hutch1407 on October 20th, 2009 1:41 am

      The power of attorney you need is the one you hire (as in an attorney-at-law)… not a piece of paper. You’ll need to probate his estate if there are significant assets to be dealt with.

    4. ? on October 22nd, 2009 7:27 pm

      At this point you need to get an Estate Lawyer and be appointed Guardians of his Estate. Your mom will be the first one to be able to become Guardian of his Estate.

      You will find that when someone dies, scam artists pop up and start using the SSN of the deceased for their own benefit. Estate Lawyers come in handy here, as well. Anything suspicious should be reported to the lawyer, and they’ll put a stop to it.

    5. ? on October 25th, 2009 3:47 pm

      You need to be alive to sign a Power of Attorney and it expires upon death, so a POA is entirely irrelevant here. You need to file for probate in the county where your brother lived or where he owned property.

    6. menotyou on October 26th, 2009 3:04 am

      sorry about your loss. you won’t be able to get a POA because your brother would have had to sign it. Did he have a will? Is there an executor for the estate. Contact your local Probate Court or probate attorney, they can point you in the right direction.