attaining power of attorney

[bryanjustin]

undefinedWhat is the name of your state? ARkansas

My uncle keeps claiming that he has legal guardianship of my grandfather's estate, but as far as I know they have not been to court to establish any legal guardian. My grandfather recently passed away, and I am executor over his will. Does his son (my uncle) have access to my grandfather's bank accounts? Before my grandfather died, my uncle had petitioned the court for durable power of attorney, but my grandfather died before they could go to court. Does my uncle now automatically become power of attorney over my grandfather's estate?
If there is more than one executor over someone's estate, can one executor make a decision without the consent of the other? Do both executors have to be present in order for a decision to be made?

 

[nextwife]

While your post has absolutely NOTHING to do with Child Custody, I will answer you.

A P.O.A. has NO authority once the party dies. After their death, another cannot act as their "attorney in fact", so the POA ceases to be valid.

So, if you have filed the will with Probate court and been officially appointed the Executor (in our state it is Personal Representative), then it is YOUR responsibility to inventory the estate assets and distribute in accordance with the will, once the estate creditors are paid.

 

[freespeech]

All POA's are ended at death of the person for whom the POA was established. Is there a Will? Given the circumstances and your feeling lies are being told, do you have the most current Will? Are you named as executor in the Will or co-executor? If so it is up to you to gather all funds. pay all outstanding debts thenn distribute the remainder to the beneficiaries. You may need an Atty unless the estate is very small and there is not a house or such involved.

My opinion is spend a couple of hundred for a consultation with an Estate Atty before making errors that can not be fixed.