what are my responsibilities of executor and power of attorney of a will when somebody passes away

by Dr. Shakira Mertz 6 min read

If you do not appoint an executor of your will, a court will designate one to make decisions after your death. Responsibilities of the executor may include: Organizing your assets and giving them to designated beneficiaries Paying off creditors and taking care of funeral bills Reviewing all your financial statements and your will

Full Answer

What is the role of an executor of a will?

Oct 28, 2019 · An executor is someone who oversees and administrates the process of fulfilling a will or trust, making sure your will is properly carried out after your passing. An executor’s job begins after you’ve passed away. Someone with a power of attorney gets to work while you are still alive, yet unable to make choices for yourself.

What happens to power of attorney after death?

One of the responsibilities of an executor to give the proper notice to organizations and individuals. This is not a task the executor has to embark on alone, though. An attorney can be helpful in giving proper notice, especially when creditors or business ventures are involved.

What is the difference between power of attorney&executor of will?

Jul 13, 2018 · A power of attorney handles affairs while someone is alive, while an executor of a will handles affairs after someone's death. Power of Attorney A power of attorney is a legally binding document that grants one person, called an agent, the authority to act on behalf of another person, called the principal.

What if I am the executor of a deceased loved one?

May 26, 2019 · Following the expiration of the power of attorney, the executor of the state is responsible for legal and financial matters. Named by the will, the executor is bound by the provisions of that is power of attorney good after death. So while a power of attorney represents a principal in life, the executor represents the principal in death.

What is the difference between a power of attorney and an executor of a will?

The main difference between an agent with power of attorney and the executor of a will is that one represents a living person while they are alive, and the other represents a decedent’s estate while they are dead. The two do not intersect at any point. This effectively means that one person can fulfill both roles.

What is the role of executor in probate?

Generally, an executor is in charge of the decedent’s will, representing the estate in the probate process, and taking on the responsibility of executing the will, and fulfilling a series of duties during the probate process, including: Kick-starting the probate process by ...

What is an executor of a will?

An executor is someone who oversees and administrates the process of fulfilling a will or trust, making sure your will is properly carried out after your passing. An executor’s job begins after you’ve passed away. Someone with a power of attorney gets to work while you are still alive, yet unable to make choices for yourself.

What is a POA?

What Is a Power of Attorney (POA)? A power of attorney is a document that gives someone the ability to act on behalf of the document’s grantor or principle, usually within certain limits, and with different documents detailing different capabilities.

What is a durable power of attorney?

It simply gives them the ability to act on your behalf, just as you might. Even more limited is a limited power of attorney, which specifically gives someone the right to act on your behalf within very specific parameters, such as only being able to sign on your behalf for a specific cause, or for one day. A durable power of attorney gives your ...

How to secure your estate after death?

You can secure your assets through trust agreements and a well-written will, but the management of your estate during and after your death will require the calm and experienced hand of a trusted friend or professional.

When does a springing power of attorney go into effect?

A springing power of attorney only goes into effect once you have become incapacitated and does not give your agent any powers until you are otherwise indisposed. As with all things legal, the specifics and details are important – for example, in a springing power of attorney, it is critical to carefully and specifically outline what it means ...

What are the duties of an executor?

Before you dive, head-first, into your executor duties, it makes sense to understand what your executor role will entail. An executor is a person named in a will to oversee the process of wrapping up the decedent’s estate and distributing ...

What to do if a will writer tells you to serve as executor?

If a will-writer tells you that you are to serve as executor of that person’s will and that person is still living and able to speak with you about his/her wishes , you should talk with that person as soon as possible. You should ask the will-writer where the will is kept so you can easily get to it when the time comes.

What to do when someone dies and you are executor of a will?

When a person dies and you know you are the executor of will, one of your first duties is to get the original version of the latest will as well as any trust documents the will-writer had. This is a good time to ask for the help of a lawyer, who can be beneficial in determining the validity of the will and how to proceed with filing it with the probate court. A lawyer can also be helpful if no will was written or the will cannot be found.

How long does an executor of an estate last?

Service as an executor typically lasts around a year from start to finish, but the time varies depending on the size and complexity of the estate. While as an executor, you must act in good faith, that does not mean you have to act alone.

What is personal property?

Personal property ranges from simple items like clothes and shoes to large or valuable items such as jewelry and cars. You should get a professional to value the assets so when the beneficiaries express an interest in particular ones, you can distribute as fairly as possible.

When should you distribute assets according to a will?

When assets are valued, interests of beneficiaries in personal property are determined, and debts are paid, you should next distribute the estate’s assets according to the will. To do so, you should calculate the value of the estate and the value of each beneficiary’s share. Assets can then be distributed.

What are the tasks of managing an estate after death?

This can include creating a bank account in the estate’s name, paying bills and maintaining a home or other property.

What is the difference between an executor of a will and a power of attorney?

An executor of a will and a person with power of attorney are both persons appointed to help another person manage their finances and affairs when they cannot. A power of attorney handles affairs while someone is alive, while an executor of a will handles affairs after someone's death.

Who holds the power of attorney for the principal?

The agent holds the power of attorney for the principal. By default, a power of attorney grants the agent broad power to take almost any action that the principal can take. The agent essentially steps into the principal's shoes and makes important decisions.

What is a durable power of attorney?

Those that continue after the principal's incapacity are called durable powers of attorney. As long as the principal has capacity, they can revoke their power of attorney at any time. All powers of attorney terminate when the principal dies.

Why does the court change the executor of a will?

A court changes the executor if the executor does not act in the deceased's best interests and in accordance with the deceased's will. A common estate-planning question is whether an executor or power of attorney is necessary. In most cases, the answer is that both are necessary because they do different jobs.

What happens when a person dies with a will?

When a person dies with a will, someone must carry out the directions in the will after their death. For example, if a will leaves a certain amount of money to a survivor, someone needs to transfer the funds from the deceased's account to the survivor's account. That person is called the executor of the will.

How can a principal narrow the powers of an agent?

The principal can narrow the powers of the agent by drafting a more limited power of attorney. The type of actions an agent can take may be limited, or the agent's powers might be limited to a single event or time period.

Can you change the executor of a will if there is no executor?

During their lifetime, a person can amend their will to change the executor.

Who is responsible for legal and financial matters after the expiration of a power of attorney?

Following the expiration of the power of attorney, the executor of the state is responsible for legal and financial matters. Named by the will, the executor is bound by the provisions of that is power of attorney good after death.

What does a power of attorney represent?

So while a power of attorney represents a principal in life, the executor represents the principal in death. Though the executor is only required to follow the instructions laid out by the will. In the case there is no will, the intestate laws of that state decide the estate of the deceased.

What is a non-durable power of attorney?

There are two types of power of attorney: durable and non-durable. If a person is assigned non-durable power of attorney, their duty expires when the principal becomes incapacitated. When is power of attorney valid after death the principal of incapable of handling their own affairs, a non-durable power of attorney is power ...

What age do you need legal help with POA?

Need Legal Help? 58% of people age 53 to 71 have estate planning documents that will help manage their estate in the event of POA after death. When that happens, an estate executor is named that will take over the legal and financial obligations of the deceased.

What is a power of attorney?

The individual who is given legal power of attorney is called the agent. They can be given broad or limited is power of attorney good after death. With broad powers, the power of attorney has unlimited authority over legal and financial transactions, as allowed by state law.

Who takes care of a person's estate after death?

Following a death, the executor of the estate takes care of a person’s estate according to the term is power of attorney good after death. For more legal information regarding lawyer for estate planning and laws, be sure to check out our blog.

Does a durable power of attorney expire?

On the other hand, a durable power of attorney would continue in their role despite incapacitation. This type of power of attorney doesn’t provide authority over life or death health care decisions. And although it provides a broader range of powers, it also expires upon death.

What is the difference between an executor and a power of attorney?

Both an executor of a will and a power of attorney agent are appointed by the principal to manage their affairs. An executor’s responsibilities come into effect after the death of the principal, whereas a power of attorney agent’s rights are only valid before the principal dies.

What is a power of attorney?

A power of attorney is a legal form that allows the person creating it (the “ principal”) to appoint a trusted individual (the “agent”) to act on their behalf. For example, an agent can sign contracts, cash checks, pay bills, and manage investments for the principal. If you’ve ever been given power of attorney (POA), ...

What happens if a principal doesn't have a will?

If the principal didn’t have a will. If the principal didn’t have a will, their assets still need to pass through the probate process. In probate, the court will appoint an administrator to oversee the distribution of the principal’s assets and manage their outstanding financial affairs — similar to the executor of a will.

Can you continue to manage a power of attorney?

The only way you can continue to manage her affairs is if you’ve also been appointed executor of her estate in her will, or if a court appoints you estate administrator. If you’re concerned that an agent is abusing their right as power of attorney, find out who can override a power of attorney.

Can you get a power of attorney after death?

How to get power of attorney after death. Unfortunately, you can’t get power of attorney and act on someone’s behalf after they’ve died. According to the law, a power of attorney must be executed while the principal is alive and of sound mind — acting of their own free will.

Can I use my power of attorney after my mother dies?

Therefore, using your authority as power of attorney after their death is not permitted by law . If your mother appointed you as her agent when she was alive, you may have been legally permitted to pay her bills, manage her investments, file her taxes, sell her real estate properties, and more.

Do you have to understand a POA?

However, many people don’t understand how a power of attorney works after the death of the principal. There are several types of power of attorney available — each serves a unique purpose, and grants agents different levels of authority.

What is the executor of an estate responsible for?

What an Executor of an Estate Is Responsible for After a Death. A testator is referred to as a “decedent” after death. As the executor of a decedent’s estate, you are responsible for seeing that the estate is administered according to the decedent’s wishes and within the limits of state law. Although the specifics of every estate will be different, ...

What does it mean to be an executor?

Being an executor means that you take on the legal responsibilities of the estate. Post-planning tip: If you are the executor for a deceased loved one, handling their unfinished business can be overwhelming without a way to organize your process.

What happens when you distribute all probate property?

When you have distributed all the probate property, you must prepare a final accounting of the estate. This will include every single transaction that you conducted as the executor of the estate.

What does it mean when a person dies without a will?

Because you were named an executor, this means the decedent died with a will. Had the decedent died without a will ( called “intestate” ), the court would have appointed you as an administrator or personal representative.

What is the most burdensome responsibility of a decedent?

Perhaps the most burdensome responsibility is collecting all of the decedent’s property and having an appraiser value the estate. This requires you to collect all assets and liabilities. Assets may include:

Can a testator revoke a will?

The testator has every right to revoke or amend a will, which can include replacing you as the executor. You may not take any action upon the estate until the testator dies and the will becomes effective.

Can you be an executor of an estate if you die?

You cannot do anything as executor until the person or people who named you in their will (the “testator”) dies. However, if you know that the testator named you in the will, it would be wise to discuss with the testator what your responsibilities as the executor of their estate might be.

What is the first responsibility of a deceased person?

1. Handle the care of any dependents and/or pets. This first responsibility may be the most important one. Usually, the person who died (“the decedent”) made some arrangement for the care of a dependent spouse or children.

What to do if you are a decedent?

Call the decedent’s last employer if he or she was working or received pension or health insurance benefits from the employer. Request information about the amount of benefits, the successor beneficiary of those benefits, and any pay due. Ask whether there was a life insurance policy through the employer. If the company provides life insurance, ask for an IRS Form 712 and the beneficiaries of the policy.

What is the job of executor of a will?

Simply put, an executor of a will is someone who manages the deceased person's estate, according to Sam Safi of Safi Law Group. When a person dies, most of their assets and liabilities get transferred to their estate, and then the executor's job is to "settle all outstanding issues of the estate (including paying off creditors) ...

Who tells the executor of a will?

Additionally, a lawyer will tell the executor of a will if the will has to go into probate, meaning, a judge has to find the will is valid and that the person named executor is qualified to serve.

How to protect the wishes of a deceased person?

How to Protect the Deceased Person's Wishes. As the executor of a will, it is your responsibility to ensure that the deceased person's wishes are being upheld and you're taking your executor of a will checklist seriously. "When someone dies, often, family and friends feel that they can go into their house to collect items ...

What should I do before someone passes away?

Before someone passes away, they hopefully plan what will become of their assets, as well as who will be in charge of ensuring their plans are followed through. In an ideal world, family members of the deceased person would work together to take care of everything, but unfortunately, that doesn't always pan out.

Who is responsible for carrying out a deceased loved one's wishes?

The executor of a will is responsible for carrying out a deceased loved one's wishes. If someone named you the executor, you'll need to learn more about what your role will be, which includes ensuring their assets are distributed to the beneficiaries.

Does the executor of a will get paid?

According to Safi, the executor of a will does usually get paid, since it involves a lot of hard work and stress . They will be entitled to reasonable compensation for any out-of-pocket expenses and lawyers' fees incurred, and the estate will pay them out before the beneficiaries receive their shares.

Can a family member become executor of an estate without a will?

However, Safi pointed out, if someone passes away without a will, then one of their close family members can apply to the court to become the executor of the estate before legally administering it.

What is the fiduciary responsibility of an executor of a will?

The executor of a will is the person responsible for wrapping up the affairs of a deceased person after their death. They hold a great deal of power, and with that comes fiduciary responsibilities. There are civil and criminal penalties for executors who fail ...

What is the relationship between the executor and the beneficiaries of a will?

The executor of a will has a fiduciary relationship to the beneficiaries under the will. This means that they hold a special position of trust. When acting in the scope of their role, an the best interests of the beneficiaries must be acted for, not themselves.

What is the duty of loyalty in probate?

The duty of loyalty requires the executor to be loyal to the beneficiaries and place their interests before their own interests.

What are the charges for breach of fiduciary duties?

The most common criminal charges are theft, fraud, embezzlement, and the like.

Can a fiduciary be sued for money damages?

The failure to comply with fiduciary duties can also be the basis of a civil lawsuit for money damages. Beneficiaries or others such as creditors who have a legal interest in the estate and were harmed by the executor's conduct can file this type of suit.

Can executors bring criminal charges against beneficiaries?

The beneficiaries can bring the executor's misconduct to the attention of the local prosecutor, but they cannot bring criminal charges themselves. The prosecutor in the jurisdiction where the crime was committed makes the decision to pursue criminal charges.

Can creditors bring civil claims against executor?

Depending on the state where the misconduct occurred and the nature of it, there are different types of civil claims the beneficiaries or creditors can bring against the executor in addition to breach of fiduciary duty .