I dont understand why that is when there is so much paperwork involved
people still ask for my POA but tossed it because they said it was void upon his death what do I do about it for people who ask for it I do hve a new will but of course he is not in it
6 Answers
Helpful Newest
First Oldest
First
But your role as POA - is done. POA is negated upon death of the conveyor/primary. You no longer have any authority to speak or execute anything on behalf of the estate.
And that is the key. The POA was for the PERSON. The executor /administrator is for the ESTATE. They both have to be named legally/in writing. And they can be different people.
If you are the executor/administrator - you need to file your husband's will and get letters of testamentary proving that you can execute tasks on behalf of your husband's estate. I'm not sure exactly how that works for a spouse's estate as I have only done this for a parent. But if you don't have a will for your DH or you are not the executor, the next step is finding out who IS, or how to execute the process without a will.
Side note: are you the BENEFICIARY for the brokerage account? Or was it a joint account? If so, you can approach this a different way. Either as joint owner of the account (which it doesn't sound like if you needed POA for it) or you can request beneficiary provisions (if applicable) with the death certificate.
POA dies with the person. It is gone. Done. Over. Cannot be used for anything.
Upon death the POA dies and the executor of the will or trustee of the trust takes over all financial matters. If that is YOU then you need to go to a probate or trust and estate attorney as you are not clear on the titles and duties at all; you will need help.
If there is no will whatsoever then someone needs to be appointed in court; a probate attorney will help you to become administrator (executor) of the estate if that is what you wish.
People may be simply asking you for your old papers to see if you HAD any connection.
I am sorry for your loss. But POA work is now done.
ADVERTISEMENT
Did he have a Last Will and Testament? Whoever was named as his Executor in his Will now needs to deal with carrying out the wishes expressed in his Will, paying off his all the paperwork, filing probate, etc.
You will need to call each financial institution where he had assets (and you were not joing on the account) and inform them of his passing and ask what the next steps are, and they will give you instructions.
Were you named as his beneficiary on any of his investments? If so you will probably need to provide an original copy of his Death Certificate (and/or whatever else they required).
I'm sorry for your loss... I hope everything goes smoothly.