The Johnsons never thought they’d be in this position.
The Martinez family from Orlando, Florida, had always been close. When their father, Carlos, passed away unexpectedly, his children—Sofia and Daniel—were left grieving while also trying to figure out his estate. Carlos had always been responsible with his affairs. He had a power of attorney (POA) in place, naming Sofia as the person who could handle his finances if he ever needed help. So, when Sofia tried to access his bank account to pay for the funeral expenses, she was shocked when the bank told her:
“I’m sorry, but this power of attorney is no longer valid.”
Wait… What? Does a Power of Attorney Expire?
Many people assume that a power of attorney (POA) gives them control over a loved one’s finances after they pass away—but that’s not how it works. A POA automatically becomes invalid the moment the person dies. At that point, everything must go through probate, which is the legal process of handling someone’s estate after they pass away.
That means:- The POA no longer has any authority.
- The court must appoint a personal representative (executor) to manage the estate.
- All assets, including bank accounts, are frozen until probate is opened.
For the Martinez family, this was a huge wake-up call. They thought everything was already in place, but they now faced months of legal procedures, paperwork, and court filings—something they weren’t prepared for.
What Can You Do to Avoid Probate Problems?
After speaking with The Dellutri Law Group, Sofia and Daniel learned that while a POA didn’t help after death, there were other estate planning tools that could have made things easier, such as:
- A properly structured will to name an executor and distribute assets.
- A trust to allow assets to transfer immediately without probate.
- Beneficiary designations on bank accounts to avoid delays.
With the right guidance, they were able to navigate probate smoothly and ensure their father’s wishes were carried out.
Dellutri Law Group: Florida’s Go-To Probate Firm
If you’re dealing with probate or have questions about your loved one’s estate, we can help—big time. At The Dellutri Law Group, we’ve been guiding Florida families for over 30 years, and with over 1,200 five-star reviews, we’re the trusted name in probate law. Call us today at 239-939-0900 !