How do I get power of attorney if my the beneficiaries in my family passed away? 10 Answers as of December 05, 2011

If the beneficiaries died before the insured, the policies need to be probated by the Estate of the Insured.

You cannot obtain Power of Attorney from a deceased person and Power of Attorney ceases upon the death of the Principal (the person giving power of attorney). If you provide proof to the insurance company(ies) that the insured(s) is/are deceased, the insurance companies will pay the insurance proceeds to the estates of the decedents. The insurance companies are unlikely to pay proceeds to anyone other than an officially appointed Personal Representative.

You must first get the certified death certificates of all involved, and any probate documents if your Mother or Son had a Will that was probated. Next contact the insurance companies directly and ask what they will need to release the funds, most certainly they will need the aforementioned documents, and go from there.

Her Will needs to be probated and the executor can seek the money.

You can't get power of attorney. You may be able to apply to be her guardian. See a lawyer.

The answer to your question depends on the all of the facts of your specific situation. No attorney can give you specific advice to your situation without knowing the entire situation. I can comment generally based on the information that you provided in your question. However, you should understand that the information contained in your question does not contain essential information needed to provide you with legal advice. This message is not intended to be legal advice for you and you should not consider that we have formed an attorney/client relationship. I am assuming that you are in Oregon and that Oregon law applies. You asked about being appointed an attorney in fact for your deceased relatives. Before you get to that question, you need to be sure that there is not provisions in the life insurance policies that deal with this question. You need to read the entire policies carefully, call the insurance agent who sold the policies and call the insurance company claims department. There may be an easier way. Usually, these kinds of life insurance policies provide if the named beneficiaries predecease the insured, the policy benefit is paid to the estate of the deceased insured. If that is the case, you will need to either start a formal probate for each deceased insured relative with insurance or, if the amount of the total estate for each decedent is less than the small estate maximum, use the small estate affidavit procedure instead of the formal probate.

As to your Grandmother's insurance policy, if all the beneficiaries pre-deceased her, that is, I take it that your mother and son died before yourGrandmother, then you must open a probate estate foryourGrandmother to collect this and any other assets that were not disposed of by deed or beneficiary at her death.

You cannot get power of attorney for a person who is deceased. Power of attorney is granted by a person while alive and with capacity. The insurance companies will have to tell you whether they have "default" provisions that handle when a beneficiary dies before claiming benefits sometimes it is payable to their heirs. Sometimes the insurance company will simply want to pay to the beneficiary's estate, which may mean opening a probate. If the benefits are small, some insurance companies will accept a "small estate affidavit." Short answer, there is no pretty result for this situation. You will have to handle each policy separately, find out what the insurance company will require, and if it means probate then you may have to go there.

A power of attorney ceases to have effect when the person dies. As a result, you cannot get a power of attorney from the deceased family members. Depending on the size of the policy on your mother's life, you should open a probate for your grandmother so her estate can collect the proceeds from the policy on your mother's life (your grandmother was alive when your mother passed away). On the policy on your grandmother, you should review the policy to see who the contingent beneficiaries are since none of the named beneficiaries survived your grandmother.

If the contingent beneficiaries are deceased, then you need to determine under the policy terms if the probate is to be opened for both of them or the insured. You should have an attorney review the policy to assist you in determining for whom you need to open a probate estate. Without seeing the polices there are three possibilities. We provide a free hour consultation on Nevada probate matters. You will meet with an attorney who will answer questions, assess your situation and provide you with options to consider.