Brandon, MS asked in Family Law and Probate for Tennessee

Q: My dad passed and as far as I know the lady that claimed he named her poa cannot produce the documentation now funeral

Funeral home says I'm next of kin, How d THAT

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2 Lawyer Answers
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Estate Planning Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: Your question isn't clear. However, the authority granted by a power of attorney dies as the same moment the individual dies- there is no authority to act as an attorney in fact AFTER the principal dies. If there is a will, the power to administer the estate belongs to the person named as executor. If there is no will, the closest kin has the right ( but not the obligation ) to serve as an administrator.

Frank J. Steiner
Frank J. Steiner
Answered
  • Probate Lawyer
  • Nashville, TN
  • Licensed in Tennessee

A: A POA becomes ineffective upon the grantor's death

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