If there are 3 heirs and 1 had a power of attorney and dies, what happens to distribution? 23 Answers as of May 14, 2014

My 2 brothers and I are 3 direct heirs of our grandfather and at this time, we are waiting for our grandfather's estate to come to fruition and have distribution. Issue now is, 1 of my brothers died 5 months ago. In life, his mother was his POA. My remaining brother and I would like the distribution changed to us 2, versus 3 counting deceased brother. How does this happen?

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Christine Sabio Socrates Attorney at Law | Christine Socrates
That would depend on the will, if there is one. It should state what happens to a deceased beneficiary's share. If there was no will and has living children, they may be entitled. If no children, then it may go to his mother. I would recommend you speak to a probate attorney to properly evaluate the facts of this case and advise you more accurately.
Answer Applies to: Ohio
Replied: 5/14/2014
Law Offices of George H. Shers | George H. Shers
The distribution is based upon the language of the Will. It may or may not state that only living heirs can collect anything or the heirs of a dead heir may be able to collect instead. The POA expires upon your brother's death.
Answer Applies to: California
Replied: 5/5/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
A p/a dies with the grantor of the power. Distribution is measured as of the original date of death, so if the deceased bro has kids, they will take his share.
Answer Applies to: California
Replied: 5/2/2014
Law Office of Andrellos Mitchell
Law Office of Andrellos Mitchell | Andrellos Mitchell
A Will will decide how an estate is administered. If there is no Will, the state Probate laws will decide inheritance matters.
Answer Applies to: District of Columbia
Replied: 5/2/2014
Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
It doesn't work that way.? If your brother's share had already vested (not subject to a trust or survivorship clause) then his "estate" is entitled to be paid his shared. His estate passes under his Will, if he had one, or if not then to his heirs according to state law. The power of attorney doesn't apply after death.
Answer Applies to: Illinois
Replied: 5/2/2014
    Stephens Gourley & Bywater | David A. Stephens
    That depends on whether there is a will and the law of intestate distribution of the state where he lived.
    Answer Applies to: Nevada
    Replied: 5/2/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Powers of Attorney die with the maker. The distribution intended for the deceased goes to his children or his mother.
    Answer Applies to: California
    Replied: 5/2/2014
    Ronald K. Nims LLC | Ronald K. Nims
    If you grandfather had a will, then it could specify that his assets will go to his heirs who survive him by a certain length of time - six months say. If he didn't have a will or the will has no such provision, then the share of the deceased brother will go to the brother's heirs - whoever is named in his will, if no will to his wife, his children, his parents - if there is nobody living in those categories, then to his siblings - which would be you.
    Answer Applies to: Ohio
    Replied: 5/2/2014
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    You really need to discuss this with an ESTATE/PROBATE attorney.. because you do not give enough information to form a concrete opinion without a lot of assumptions. For instance what do you mean by "Fruition" Estates get complicated very quickly so... Assuming that your grandfather has already passed and his estate is simply awaiting distribution and your brother passed AFTER your grandfather ... according to MICHIGAN law.. your deceased brother's portion of the estate would go to his heirs. So did he have a Will or Trust that changed the distribution of his estate? If not his estate (and his portion of your grandfather's estate) would go to his children, if none, to his parents (his mom and dad equally or if one predeceased him to the remaining), if they have both passed it would go to his siblings equally (just you two brothers?) BTW Most likely his mom's POA for your deceased brother has absolutely no relevance in this matter and further it expired upon his death.
    Answer Applies to: Michigan
    Replied: 5/2/2014
    Frederick & Frederick PLC | James P Frederick
    It may not happen at all. It depends on a number of factors not mentioned in your summary. If your brother was alive when your grandfather died, then his share "vested" and it would pass through HIS estate. Whether or not you would be entitled to inherit would depend on who your brother's heirs are, and/or whether he left an estate plan. The person in charge of your grandfather's estate will need to determine the answers to these questions before distributing your brother's share.
    Answer Applies to: Michigan
    Replied: 5/2/2014
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    Your brother's share goes according to his will, if any, or if not then to his heirs. If his mother inherits from him, then you get his third only if she gives it to you.
    Answer Applies to: California
    Replied: 5/2/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    If your grandfather had a will, it should state whether the share of deceased devisee goes to that devisee's descendants, or to the survivors. If he had no will, then his share goes to his deschendants.
    Answer Applies to: Oregon
    Replied: 5/2/2014
    Elder Law Office of Mark Schaefer PC | Mark Schaefer
    Assuming your grandfather died in Georgia and your now deceased brother was alive when your grandfather died, your brother's estate is entitled to his share. If your brother died before your grandfather, then unless the will says otherwise, his children would receive his share if he had any children. If he did not, then his share would lapse and would go to the two of you.
    Answer Applies to: Georgia
    Replied: 5/2/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    If your grandfather had a will, the terms of the will determines who inherits. If he didn't have a will, then the intestacy laws of the state he resided in at the time of his death will determine who inherits. If your deceased brother had heirs (spouse, children, parents), those people will probably inherit his share. A POA has no authority or standing in determining who inherits from an estate.
    Answer Applies to: Nebraska
    Replied: 5/2/2014
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    The distribution to your deceased brother depends upon the terms of the will or living trust. You have no say over how his share is to be distributed. Look at the document(s) to see how that issue is addressed. Contact a probate attorney for further explanation and advice.
    Answer Applies to: California
    Replied: 5/2/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    The beneficiaries may already be vested. You should meet with an attorney who can review the file and advise if your request is possible. It cannot be answered in a hypothetical. It should be noted that a power of attorney dies when eh maker dies so a power of attorney given to someone while alive is not effective after death.
    Answer Applies to: Nevada
    Replied: 5/2/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    It happens based on state law. If your brother had children, his share will go to them. If he had a wife, it will go to her. If he died without a wife or children, then his estate will distribute to his heirs at law (assuming there is no will), which sounds like it should be the two of you. If he died within 30 days of grandfather dying, then your state may deem that he predeceased grandfather. If it was later than that, then his estate will have to be probated. If he had bills, those will have to be paid first. So, you really need to talk with a local probate attorney to figure this out.
    Answer Applies to: Idaho
    Replied: 5/2/2014
    The Krone Law Firm, LLC | Norman B. Krone
    It does not happen unless the Will so states. If the deceased brother was alive when your grandfather died, then the interest is in his estate and passes as he designated. Your mother is no longer acting under his POA as that is extinguished when he died.
    Answer Applies to: Florida
    Replied: 5/2/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    A POA has no effect on distribution from an estate. If the grandfather's estate had a value of greater than $100,000 or contained real estate then there should be a probate opened to deal with the distribution of estate assets. Assets held in a trust are not likely to be estate assets subject to probate. Joint tenancy property and property having designated beneficiaries are not part of the probate estate by operation of law. You do not state how the siblings are direct heirs, if it is by descent or as a named beneficiary in a Trust or Will. If there is a Trust or Will then the terms of the Trust or Will control the distribution. If the grandfather did not have a Trust or Will then the rules of descent and distribution apply. If an heir or legatee was alive at the time of the death of a decedent (the brother died after the grandfather) then the share being distributed to the heir does not change even though the heir dies before the distribution. The distribution that would have gone to the heir would now go to the heir's estate. If the heir or legatee predeceased the decedent (the brother died before the grandfather) then the share due the deceased brother passes to his descendants per stirpes, if any.
    Answer Applies to: Illinois
    Replied: 5/2/2014
    James Law Group
    James Law Group | Christine James
    It doesn't. The deceased brother is entitled to his share (his estate will receive it) unless there is a will or trust that specifically says the death means he doesn't get his share.
    Answer Applies to: California
    Replied: 5/2/2014
    John Ceci PLLC
    John Ceci PLLC | John Ceci
    A power of attorney is only effective while the person who signed it is alive. More importantly, your brother's power of attorney does not control the terms of your grandfather's Will (or the intestacy statutes, if there is no Will). I don't know what you mean when you say you are waiting for your grandfather's estate to come to fruition. If there is an estate already opened and being administered distribution of your grandfather's estate will be according to the terms of his Will (or the intestacy statutes, if there is no Will). If there is a Will then whatever the Will says will control; if there is no Will then the intestacy statutes control. If your grandfather is still alive he can re-write his estate plan if he wants to. That would be entirely up to him.
    Answer Applies to: Michigan
    Replied: 5/2/2014
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    It depends on the Will of your grandfather. Generally, your brother's share would go to his children/heirs, unless there are none. In the latter case, the deceased brother's share would be split between the surviving heirs.
    Answer Applies to: New Jersey
    Replied: 5/2/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    See an attorney, the details and will must be examined to give you an opinion.
    Answer Applies to: Michigan
    Replied: 5/2/2014
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