Can a person given a Power of Attorney override the grantor’s Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a person given a Power of Attorney override the grantor’s Will?
From the Internet, the general answer seems to be “no, a POA ends upon the testator’s death” but I need to verify that this is also true.
Asked on March 21, 2014 under Estate Planning, Kentucky
Answers:
Anne Brady / Law Office of Anne Brady
Answered 10 years ago | Contributor
Yes, this is true -- a POA ends upon the testator's death. The POA therefore has no power over how the testator's assets are divided after death, according to the terms of his will. If this individual is still alive and wants to really be sure his assets pass according to his wishes, he should consider setting up a revocable living trust. He can choose while alive who the beneficiaries are of the trust, and the assets and money in the trust will pass to those beneficiaries after his death outside of probate, like life insurance proceeds do.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.