Q: submitting a small estate affidavit,if one sibling had POA at time of parents death do all children have to be listed
A: Yes, since all of the children are heirs.
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A:
When submitting a small estate affidavit, it’s important to understand that the power of attorney (POA) typically ends upon the death of the person. Therefore, the sibling with POA at the time of your parent's death no longer holds that authority.
All heirs or beneficiaries of the estate, which typically includes all children, generally need to be listed in the small estate affidavit. This ensures the distribution of assets is clear and in line with the state's laws regarding inheritance.
Even though one sibling had POA, that doesn’t change the fact that all eligible heirs must be included in the process, unless specified otherwise in a will or other legal document. It’s a good idea to review the specific requirements in your jurisdiction to ensure everything is filed properly.
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