Can my power of attorney get my assets when I pass away without a Will?
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Can my power of attorney get my assets when I pass away without a Will?
I have a power of attorney and I want to leave her everything when I’m gone. However, I’m too sick to get to a lawyer and financially hurting to pay to get a Will done. What should I do?
Asked on November 15, 2016 under Estate Planning, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, a power of attorney terminates when the person granting it (the "principal") passes away; to put it bluntly, the power dies when the person does. ONLY a will can control what happens to your assets after you die; if you pass away without a will, your assets will distributed according to the rules for "intestate succession," or who gets what when there is no will. Non-family do not inherit under intestate succession, so if the person you gave the power to (the "agent" or "attorney-in-fact") is not immediate family (e.g. spouse; child) and you want her to inherit, you will have to draft a will.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, a power of attorney terminates when the person granting it (the "principal") passes away; to put it bluntly, the power dies when the person does. ONLY a will can control what happens to your assets after you die; if you pass away without a will, your assets will distributed according to the rules for "intestate succession," or who gets what when there is no will. Non-family do not inherit under intestate succession, so if the person you gave the power to (the "agent" or "attorney-in-fact") is not immediate family (e.g. spouse; child) and you want her to inherit, you will have to draft a will.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, a power of attorney terminates when the person granting it (the "principal") passes away; to put it bluntly, the power dies when the person does. ONLY a will can control what happens to your assets after you die; if you pass away without a will, your assets will distributed according to the rules for "intestate succession," or who gets what when there is no will. Non-family do not inherit under intestate succession, so if the person you gave the power to (the "agent" or "attorney-in-fact") is not immediate family (e.g. spouse; child) and you want her to inherit, you will have to draft a will.
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