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Can I assign power of attorney to my husband's daughter after his death?

Can I assign power of attorney to my husband's daughter after his death?

Full question:

I have been separated from my husband for 8 years. He recently passed. I would like to assign power of attorney to his daughter to handle his affairs. They reside in Connecticut

Category: Wills and Estates
Date: 04/07/2025
State: Virginia

Answer:

If there was a Will and you were named as Executrix or Personal Representative, you could resign and let his daughter take over. If there is no Will, this does not apply. If you want to transfer the estate and all rights to his daughter, you may need to sign documents like a Waiver of Right to Inherit, Widow's Share, or Renunciation Rights. If you simply want to allow his daughter to manage the estate on your behalf, a Power of Attorney (POA) may be appropriate.

His daughter should consult a local attorney to ensure everything is handled correctly based on your intentions.

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.

FAQs

What happens if my husband died without a will in Connecticut?

If your husband died without a will in Connecticut, he is considered to have died intestate. In this case, his estate will be distributed according to Connecticut's intestacy laws. Typically, the surviving spouse and children inherit first. If there are no children, the estate may go to other relatives. You cannot assign power of attorney in this situation, as it only applies when a person is alive. You may need to consult an attorney for guidance on estate management.

Can I transfer power of attorney after my spouse's death?

No, you cannot transfer power of attorney after your spouse's death. Power of attorney is only valid while the person is alive. After death, you may need to take steps to manage the estate, such as applying for probate if there is a will or following intestacy laws if there isn’t one. Consult a local attorney for specific guidance on handling your husband's estate.

What is a waiver of right to inherit?

A waiver of right to inherit is a legal document in which an heir voluntarily gives up their right to inherit from a deceased person's estate. This can be useful if you want to allow someone else, like your husband's daughter, to inherit or manage the estate. In Connecticut, this document must be signed and may need to be filed with the probate court. It's advisable to consult an attorney to ensure proper handling.

What is a personal representative in Connecticut?

In Connecticut, a personal representative is an individual appointed to manage a deceased person's estate. This person is responsible for settling debts, distributing assets, and ensuring that the estate is administered according to the will or state law if there is no will. If you were named in the will, you could serve as the personal representative, or you could resign in favor of someone else, like your husband's daughter.