Somerville, MA asked in Family Law, Probate and Small Claims for Massachusetts

Q: I have a strange relative that is I believe is trying to see Power of Attorney of my mother's death

I haven't seen this relative in close to 12 years. And now she's trying to seek I believe power of attorney over my mother who is deceased to collect funds then my mother supposedly has. She claims that she will give us what is rightfully ours but I'm not sure if that's really her full intentions. My mother has been deceased for 12 to 13 years now and I have not really spoken to this relative until just recently.

2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI

A: Powers of Attorney are only given by living persons. Are you trying to say he's trying to be made executor/personal representative? The local COURT has control over such things, and will hear from all interested parties to get at what is in the best interest of everyone.

If you aren't sure what is really going on, you should consult with a local probate attorney to drill down into the details. If you are 'uncertain' it is time to do your OWN investigation to be sure.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

Lillian J. LaRosa
Lillian J. LaRosa
  • Probate Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: This does not really make sense. First of all a deceased person cannot have a power of attorney. Are there assets of your mother that were not probated in all of this time? There would need to be a Petition for Late filed Probate which has limitations on authority.

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