In Alabama, if a person dies with a POA, does the oldest son become the executor of the estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
In Alabama, if a person dies with a POA, does the oldest son become the executor of the estate?
If there is no POA when a person dies, who becomes executor of the estate?
Asked on December 26, 2017 under Estate Planning, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
A power of attorney has no effect on what happens after a person dies; the POA expires when the person expires, and POAs only apply to still-living people. If there is a will, then whomever the will indicates becomes the executor. If there is no will, then the court (i.e. probate court; sometimes called surrogate's court) will have to appoint someone the "administrator" or "personal representative" of the estate--this person will have the same powers as an executor. It will generally be a spouse, if there is a living one; or if not, it will be a child, often the oldest (especially if the other children do not object to that person's appointment). If the oldest child wants this role, he should contact the court, explain that his father died without a will, and ask for directions and instructions to be appointed administrator/personal representative.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.