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  1. #1
    Join Date
    Sep 2016
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    Default Durable Power of Attorney After Death

    A couple in Florida was separated with a divorce pending, when the husband passed away. His mother held a durable power of attorney for him, executed when he fell ill. She won't show that document to the wife. Does the wife have the right to see the document?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Durable Power of Attorney After Death

    The wife has no inherent right to see the document, although if in handling her husband's estate she sees any sign of financial impropriety by the mother she may have grounds to explore the POA and its use within that context.

    The wife can also notify financial institutions of her husband's passing, so that they know that the POA is no longer valid. A POA loses any effect at the time the grantor passes away.

    As the surviving spouse, the wife can dismiss the divorce case and can open a probate estate to handle her deceased husband's assets, in accord with any estate plan that may exist or the laws of intestate succession if there is no will.

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