[OH] Does a POA also make you the executor of the estate?

Lexi, Chatbot

I understand that navigating the roles of power of attorney and executor can be confusing. Can you tell me if you are currently dealing with a specific estate or situation?

Lexi, Chatbot

Have you already established a durable power of attorney, or are you in the process of creating one?

Richard

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Could you please share more details about the documents you have and any specific concerns you have about processing them?

Richard

• What state are you and your cousin located in, as insurance company requirements can vary by location?

• Has the insurance company provided you with any specific instructions or forms to submit along with the durable power of attorney?

Richard

In Ohio, a Durable Power of Attorney (POA) and the role of Executor are two entirely separate legal authorities.

A Durable Power of Attorney gives you authority to handle the person’s financial or legal affairs only while they are alive. The POA becomes void upon the individual’s death. (OH Rev Code § 1337.34(H)) Once your cousin passed away, you no longer have any legal authority under that document to act on her behalf or manage her accounts, including insurance matters. (OH Rev Code § 5302.22)

The Executor of the Estate, on the other hand, is the person named in the will (or appointed by the probate court if there is no will) to handle the deceased person’s property, debts, and distribution of assets. The executor’s authority begins only after the probate court issues Letters of Authority confirming the appointment.

To move forward, you’ll need to:

• Confirm whether your cousin left a will naming you as executor.

• File that will with the probate court in the county where she lived and apply to be appointed executor.

• Once the court grants your appointment, you’ll receive Letters of Authority, which serve as proof to financial institutions and insurance companies that you have legal authority to act for the estate.

  The insurance company will not accept the power of attorney since it expired at death; they’ll need a copy of your Letters of Authority as executor before releasing information or funds.

Richard

In Ohio, a Transfer on Death Designation Affidavit (TOD Affidavit) is a special document that allows real estate (or, in some cases, certain financial accounts) to transfer directly to a named beneficiary outside of probate upon the owner’s death.