What are the rights of a person who has power of attorney? 8 Answers as of August 03, 2015

My sister has power of attorney for my father. He passed in 2/26/2015. She has not made any effort to contact me to divide his assets. She changed her number and so far nowhere to be found.

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Law Ofices of Edwin K. Niles | Edwin K. Niles
A P/A dies with the grantor, so she has no power to act under the P/A. Perhaps you need to talk with an estate lawyer.
Answer Applies to: California
Replied: 8/3/2015
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
A Power Of Attorney terminates with the death of the person who granted the power. Therefore, your sister no longer has any rights to do anything with your father's property. At this point either he had a will or trust which is the document which now controls as to what happens to his property and the person who is appointed to divide the assets, or if he had neither a will nor a trust, then the intestacy laws of the state where he lived will control what happens to his property and who is entitled to inherit his property. You should consult an experienced probate attorney to review the facts with you and advise you how to proceed.
Answer Applies to: California
Replied: 8/3/2015
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
The power of attorney terminated upon your father's death. She had no authority to use it after your father died.
Answer Applies to: California
Replied: 7/31/2015
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
The power of attorney died when your father died. She has no rights under a power of attorney. I don't know the size of your father's estate, but I suggest you contact a probate attorney and file for probate and have your self appointed as administrator or trustee of his trust if he had one.
Answer Applies to: California
Replied: 7/31/2015
Patrick W. Currin, Attorney at Law | Patrick Currin
A power of attorney ends at death.
Answer Applies to: California
Replied: 7/31/2015
    Law Offices of George H. Shers | George H. Shers
    Upon death, all powers in a right of attorney provision are annulled. You have the same rights as she; apparently, she has stolen the assets instead of filing for probate. She a probate attorney.
    Answer Applies to: California
    Replied: 7/31/2015
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    The power of attorney expired on death. If you think he had assets valued at more than $150,000, consult a lawyer. Maybe even if not.
    Answer Applies to: California
    Replied: 7/31/2015
    WFB Legal Consulting, Inc.
    WFB Legal Consulting, Inc. | William F. Bernard
    Power of Attorney is only effective while person giving the power is alive. After death you must contact the trustee if a trust exists, or file a Petition to probate the estate in question where there is no trust.
    Answer Applies to: California
    Replied: 7/30/2015
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