Full question:
My Grandmother has a power of attorney over my Grandfather and she was wanting to know if this will still be in effect even after the death of him? If not he has children that would try to get everything that they could. If him and her wanted everything to go to her after his deaath what would they need to do or is this possible. Also he has alzheimers and I dont think that a will has been done. Is there a legal way for all of this to be less of a burden on my grandmother and for her to get all of their assets?
- Category: Power of Attorney
- Date:
- State: South Carolina
Answer:
A power of attorney ends when the principal (the person who granted it) dies. After your grandfather's death, any assets not held jointly with rights of survivorship or designated to your grandmother as a beneficiary will follow intestacy laws, which determine how assets are distributed when there is no will.
Some assets may pass outside of probate, such as those in a trust or accounts with named beneficiaries. For example, joint property typically goes to the surviving owner. If your grandfather and grandmother own property as joint tenants with rights of survivorship, it will automatically pass to her upon his death.
Whether your grandmother can transfer assets into her name depends on the power of attorney's terms, including if it is durable and its scope. It's advisable to consult a local attorney to review the specific documents and circumstances involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.