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M
MoneePeg Asked January 2017

What happens if no durable POA nor healthcare POA were in place when an 82 year old dies with a mortgage, bills and no money?

The mortgage was for $80,000.

Guestshopadmin Jan 2017
POA ends at death. The will is what is important with person named as executor. If there is a house with mortgage and bills, whoever is heir will have to notify creditors that the person died with no money to pay bills. The house will be foreclosed on by the mortgage company and sold to settle debt. Any person living there will have to vacate under terms of foreclosure. Any amount still owed after house is sold will be billed to estate. The bills will need to be notified that person is dead with no money to pay bills. The dead person's estate may receive notifications that debt written off is reported to IRS and a tax return be filed. Any family or heirs will have to figure out how to pay for cremation or burial of the deceased themselves as you state no money and social security does not pay final expenses. I'm not sure if this answers your question. The will is important after death, the POA only while still alive.

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