Q: My dad passed away - does his will die with him and everything is inherited by my mom?
A: Actually, quite the opposite is true: his will is now the controlling document; the power of attorney is no longer effective. You would need to see the will to see what it says about distribution. Most of the time, the will express everything go to the surviving spouse. Even if the will says something different, your mom would be entitled to a spousal elective share.
The power of attorney is ineffective on death.
A valid will is the controlling estate document on death.
Some, or any, distributions to your mother will depend on whether or not your mother and father were married at the time of your father's death.
Jay D Mukerji agrees with this answer
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