If one spouse has POA and dies, leaving 2 adult children, would all of the assets then go to the living spouse and his children from a previous marriage?

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If one spouse has POA and dies, leaving 2 adult children, would all of the assets then go to the living spouse and his children from a previous marriage?

Asked on May 25, 2013 under Estate Planning, Delaware

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It sounds like you may be estate planning, which is good.  First understand that a POA dies with the person for whom it is enacted. It is no longer valid. Next, if there is no Will then the intestacy statutes in Delaware - the state listed - will apply.  If you were to pass and you have no children of your own or of your union with your spouse then your spouse would receive everything.  That is if I understand you correctly here. Check section 501 of the Delaware intestacy statute.  Good luck.


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