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    Jenairis's Avatar
    Jenairis Posts: 2, Reputation: 1
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    #1

    May 5, 2007, 12:38 PM
    Power of attorney
    A friend, recently incarcerated in PA, was told by her mother that her grandmother left her a sizable inheritance (granny lived in NY). The mother now wants my friend to sign over power of attorney to her. While reading up trying to help my friend decide what to do (she is getting some negative vibes from her mother) it appears that the grandmother had an attorney who I would presume would be the administrator and executor of the estate and who should have or should be taking care of filing the necessary paperwork. Shouldn't my friend be sent a copy of the will with respect to exactly what was left to her? What other debt would the estate incur and could my friend just put the money in an some type of account until she is released from prison? Could she grant 2 peope POA over her affairs or can she handle them from prison?

    Thanks for your help!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 5, 2007, 03:10 PM
    No, there is no requireement for anyone to send them a copy of the will.

    Next a Power of Attorney as for as the grandmother is concerned, ends at death. If the grandmother was POA for someone who died, the POA ended at their death, and a POA does not automatically make them the execturtor of the estate. The estate can have a lot of debts depending on what the estate is, if there is a house, all of the house expense.

    But as for as that goes, it can remain in trust till they get out. Or the person in prison can be sent all the paperwork to sign
    Jenairis's Avatar
    Jenairis Posts: 2, Reputation: 1
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    #3

    May 5, 2007, 03:49 PM
    Quote Originally Posted by Jenairis
    A friend, recently incarcerated in PA, was told by her mother that her grandmother left her a sizable inheritance (granny lived in NY). The mother now wants my friend to sign over power of attorney to her. While reading up trying to help my friend decide what to do (she is getting some negative vibes from her mother) it appears that the grandmother had an attorney who I would presume would be the administrator and executor of the estate and who should have or should be taking care of filing the necessary paperwork. Shouldn't my friend be sent a copy of the will with respect to exactly what was left to her? What other debt would the estate incur and could my friend just put the money in an some type of account until she is released from prison? Could she grant 2 peope POA over her affairs or can she handle them from prison?

    Thanks for your help!

    I wasn’t clear. My friend’s mother wants to get POA, but my friend really has no idea over what she would be giving POA for – doesn’t know what the estate consists of or anything. So exactly what is her option regarding how to find out and if POA is given, in what context can it be given in? For example: can POA be given to 2 parties? Can it be specifically spelled out what business can be conducted the under the POA?

    Thanks again!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    May 5, 2007, 04:37 PM
    Yes POA can be as specific or as general as you want it to be. You can make it only to write one check a month for a certain payment or to handle any and all business.

    But there is no reason if you are close enough that you can't have them bring you the paper work to sign to start with, or explain in detail what it is. If they are not telling you, I would worry about it.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    May 5, 2007, 04:47 PM
    Hello Jen:

    There is no reason your friend cannot receive her inheritance in prison. She doesn't need her mother in the middle. She should contact the executor directly. If mom won't tell her who it is, then I ESPECIALLY wouldn't trust her.

    excon

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