Does the person I name in my power of attorney take care of my estate when I die?

Does the person I name in my power of attorney take care of my estate when I die?

 

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Hi, I’m Matthew Crider. And a question I get a lot of, is whether the person that you name 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.

I’m Matthew Crider, and thank you for watching.

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Davis
530–763-0014
750 F Street, Suite 2
Davis, CA 95616

Sacramento
916–975-7560
333 University Ave, Suite 200
Sacramento, CA 95825

Roseville
916–975-7721
3017 Douglas Blvd, Ste 300
Roseville, CA 95616

Monterey
831-777-2557
288 Pearl Street
Monterey, CA 93940

San Antonio
210-750-1800
18756 Stone Oak Pkwy, Ste 200
San Antonio, TX 78258

We operate on an appointment-only basis other than our Davis office.

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