If my husband just passed away but did not have a Will, what should I do now if I have his durable power of attorney?

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If my husband just passed away but did not have a Will, what should I do now if I have his durable power of attorney?

Is it necessary to go to probate? We were married right after high school and were each other’s only spouses. We have one daughter, age 32.

Asked on September 10, 2014 under Estate Planning, Kentucky

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  The Power of Attorney is no longer valid. Once a person passes away it is void.  If you held everything jointly then you may not have to do anything.  It passed to you automatically at the time of his death.  You may want to consult an attorney as to assets and pensions, etc., and find out if there is anything you absolutely need to do.  The intestacy statute would govern any estate distribution since he died with out a Will.  Good luck.


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