Perry, GA asked in Probate for Georgia

Q: can I use power of attorney give by my grandfathers only son to access my grandfathers estate

My father is my grandfathers only son. He is incarcerated . My grandfather has died so my dad signed power of attorney paperwork making me his power of attorney. Can I use this to access my grandfathers estate

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2 Lawyer Answers
Robert W. Hughes Jr.
Robert W. Hughes Jr.
Answered
  • Probate Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: No, but if you are trying to open an estate for your grandfather, you can file a petition to appoint permanent administrator and your father can consent. This will result in you being in charge of his estate.

John W. Chambers Jr
John W. Chambers Jr
Answered
  • Probate Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: A general financial power of attorney would terminate on the death of the principal (i.e., your grandfather) and the agent (i.e., you) no longer would be able to use it. Therefore, the answer to your question is no. You should consult with a probate attorney to determine the best course of action regarding the administration of your grandfather's estate.

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