When an individual or an estate has one person who is named with Power of Attorney and a different person named as Executor for a Last Will and Testament, a circumstance can exist where questions arise as to who takes responsibility — and at what point — for financial matters of the Maker of each document.
But the law makes it clear when each person’s fiduciary responsibilities are in force.
A Power of Attorney document is effective only while the person who created the document is alive.
Upon the death of that person, the Will should be submitted for probate — and the terms and provisions of the Will would then dictate the distribution of property.
The person exercising the Power of Attorney should immediately cease any and all activity related to the estate upon the death of the maker, allowing the Executor of the Will to ensure the probate process from that point forward.
To easily create each of these legal documents yourself without the expense of an attorney, see Standard Legal’s Last Will and Testament legal forms software and Standard Legal’s Power of Attorney legal forms software pages.