Does the agent under your power of attorney control your property when you die?

A question I get a lot of is whether the person named as your agent in a power of attorney will take care of and control and manage your property when you pass away. And the answer to this is no.

The power of attorney is only effective if you’re incapacitated. And the person that you name in the power of attorney will only have control over your property while you’re incapacitated. The person who controls your property when you pass away is either the executor under a will or a trustee under a revocable living trust.

So when you pass away, the power of attorney is no longer effective, and the person who is in control of your property is either the trustee under a trust or the executor under a will. Iā€™m Matthew Crider and thank you for watching.

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