Q: If my father has passed away interstate, but I am named power of attorney, does that make me "Next of Kin?"
So my father has passed away, and I was labeled power of attorney. I have the death certificates, all the paperwork from his funeral services, and an open probate case for the house. I basically just need to know if I have authority to demand rent from people who resided in the house before my father passed, who are still here now. Or, if I am legally allowed to remove them from the premises if they do not comply.
A: The power of attorney automatically ended when your father passed away. If you have been appointed executor or personal representative or administrator of his estate then, yes, you have the authority to enforce any existing lease, including demanding rent pursuant to the lease. Or you can evict tenants that are not in compliance with the lease. You should hire an attorney to help you with lease enforcement because the rules are surprisingly tricky with many traps for the unwary.
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