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To: Trust but Verify
Bump
2 posted on 08/04/2003 7:07:45 PM PDT by cmsgop (If you Spinkle When You Tinkle,...Be a Sweetie and Wipe the Seatie......)
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To: cmsgop
Happen to know, and I am not a lawyer, that in the states I have lived the power of attorney ends with the death of the person.

Know enough about law to realize it is time to at least talk to an attorney.

I wish you well.
4 posted on 08/04/2003 7:13:33 PM PDT by auntdot
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To: cmsgop
From a text. An "attorney in fact" is an agent who is authorized by means of a document called a "power od attorney" to represent the principle to do a specific act. He does not need to be a lawyer. He may be any person who has the physical and legal capacity to act in plac3e of the principle.

Illustration: Bradley expects a payment due him in cash while he is in Europe. He executesa power of attorney authorizinf Shore to receive the money for him. Payment to Shore is equivalent to payment to Bradley.

I believe the Aunt was in error in assuming power over the estate. In fact, she may have committed fraud in evading the intent of the deceased. An executor is a person named in a will to take charge of the administration of the estate subject to supervision of the court.

A person who dies and leaves a will has all of his personal assets transferred to his named executor. It is the duty of the executor in administering the estate to gater all the assets and distrubute the peoceeds in accordance with the provisions of the will.

18 posted on 08/04/2003 7:33:39 PM PDT by RLK
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