What do I do now?

[lewbie]

My father just passed away. I am the executor of his will and I also am the attorney-in-fact via his durable power of attorney. Under which instrument can I discharge my responsibilities at least until I go through probate? As another question, he owned real estate property, so how are my responsibilities with respect to that handled--leave in his name until probate, transfer to me, or something else. Any summary info is greatly appreciated.

 

[dee_dub]

Durable power of attorney does not survive death, so it ended when your father passed away. You can discharge your responsibilities to the estate as executor.

Whether you need to transfer title to real estate into your own name as executor varies. Generally it should be left in the name of the estate until the will is probated and your executorship is approved.