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I was my mothers agent under a General Financial Durable Power of Attorney when she died. Do I need to open a probate estate, or can I distribute her assets under the power of attorney?

April 26, 2017agent died durable Estate financial mother power of attorney probate

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I was my mothers agent under a General Financial Durable Power of Attorney when she died. Do I need to open a probate estate, or can I distribute her assets under the power of attorney?

2 Answers

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A power of attorney becomes void upon the death of the principal. Since your mother passed away, you no longer have legal authority to act as her agent. If she had assets in excess of $60,000 or real estate in her name when she died, a probate estate will need to be opened. Otherwise, you may be able to distribute her assets under a “small estate affidavit.

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A power of attorney becomes void upon the death of the principal. Since your mother passed away, you no longer have legal authority to act as her agent. If she had assets in excess of $60,000 or real estate in her name when she died, a probate estate will need to be opened.