ANSWERS: 2
  • Most likely, no. The Power of Attorney is generally for the attorney in fact during the life of the decedent. Since the decedent is obviously dead, the executor is under a fiduciary duty to administer the estate - not the attorney in fact.
  • No, a power of attorney becomes null and void upon the death of the maker. (The exception being when the power or authority granted is said to be coupled with an interest and was not excercised during the lifetime of the maker.) But under no circumstances does a power of attorney have any legal significance with respect to a decedent's estate. Not in any state can it serve as a substitute for a will.

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