Colorado Springs, CO asked in Probate for Colorado

Q: Legally is the executor of an estate able to distribute funds to an incarcerated person's Power of attorney?

I am the executor of the my father's estate. My brother is incarcerated and would like me to give his inheritance money to his Power of attorney, who is a friend and business partner. Is this legal or should I put it in a trust or account until he is released? Also, if this is permitted, what documentation do I need?

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Probate Lawyer
  • Crossville, TN
  • Licensed in Colorado

A: A power of attorney is a document, a stack of papers, so, no, you would never want to distribute to a power of attorney because that is not a natural person or entity; it is not capable of receiving an inheritance. If you mean the person designated in the power of attorney, usually called an agent or attorney in fact, then the answer is still no. You would make the distribution check payable to your brother, not the agent or the attorney in fact. Then the agent or attorney in fact can deposit the check in a bank account that is in your brother's name.

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