If I am my widowed father’s POA, what happens to his estate at the time of his death if he has no Will?

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If I am my widowed father’s POA, what happens to his estate at the time of his death if he has no Will?

Asked on July 19, 2014 under Estate Planning, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

When someone dies without a Will they are said to have died "intestate". This means that the "intestacy" or "succession" laws of the date in which they were domiciled at the time of their death will control. Under these laws, the heirs of the deceased will inherit. Typically, a percentage to the surviving spouse, if any, with  the remainder to the children of the deceased. If there is no spouse, then the estate is distributed equally among the children. So you and your siblings, if you have any, would share in the distribution of your father's assets; if you are an only child then you will be the sole beneficiary of his estate.

Note: A POA expires upon the death of the principal (i.e. your father). It has no bearing on inheritance rights.


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