Can You Inherit If You Have Power Of Attorney In New York?

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Inheriting with Power of Attorney in New York

Handling matters related to inheritance and estate distribution can be complex, particularly when Power of Attorney (POA) is involved. In New York, as in many other jurisdictions, the intricacies of inheriting with POA require careful consideration of legal nuances. At Morgan Legal Group in New York City, we specialize in estate planning and legal matters. In this comprehensive guide, we will delve into the complexities of inheriting while holding Power of Attorney in New York, providing insights into the legal considerations and potential challenges.

Understanding Power of Attorney

A Power of Attorney is a legal document that grants an individual (the agent or attorney-in-fact) the authority to make financial and legal decisions on behalf of another person (the principal). This authority can encompass a wide range of actions, from managing bank accounts to making legal decisions.

However, it’s crucial to note that a Power of Attorney does not grant the agent ownership of the principal’s assets. Instead, it provides the authority to act on the principal’s behalf. In the context of inheritance, this means that the agent is responsible for managing and distributing the assets in accordance with the principal’s wishes as outlined in their estate planning documents.

Legal Considerations for Agents

When it comes to inheritance, agents with Power of Attorney must navigate a range of legal considerations:

a. Fiduciary Duty

Agents appointed under a Power of Attorney owe a fiduciary duty to the principal. This means they are legally obligated to act in the principal’s best interests and to make decisions that align with the principal’s wishes. When it comes to inheritance, this duty requires the agent to distribute the assets in accordance with the terms outlined in the principal’s estate planning documents.

b. Understanding the Estate Plan

Agents must thoroughly understand the principal’s estate plan, including their will, trusts, and any other relevant documents. This includes being aware of specific bequests, distributions, and any conditions or instructions provided by the principal.

c. Handling Probate Proceedings

If the principal’s assets are subject to probate, the agent with Power of Attorney may be involved in the probate process. This can include filing necessary documents, managing estate debts, and ensuring that assets are distributed in accordance with the law.

d. Avoiding Conflicts of Interest

Agents must avoid conflicts of interest and act solely in the best interests of the principal. This means refraining from actions that could benefit the agent personally at the expense of the principal’s estate.

Challenges and Considerations

Inheriting with Power of Attorney can present unique challenges:

a. Family Dynamics

Family members may have differing opinions or expectations regarding the distribution of assets. The agent must navigate these dynamics while adhering to their fiduciary duty to the principal.

b. Complex Assets

If the principal’s estate includes complex assets, such as businesses or investments, the agent may need to seek professional advice to ensure proper management and distribution.

c. Legal Oversight

New York, like many jurisdictions, provides legal oversight and accountability measures to safeguard against abuse or misuse of a Power of Attorney. Agents must be aware of these regulations and ensure compliance.

Seeking Legal Guidance

Given the legal complexities of inheriting Power of Attorney, seeking legal counsel is highly advisable. An experienced estate attorney can provide guidance on navigating the legal intricacies and fulfilling the agent’s responsibilities effectively.

At Morgan Legal Group, we specialize in guiding individuals through the complexities of estate planning and legal matters, including those involving Power of Attorney. Our experienced team is here to provide expert advice and support to ensure that your interests are protected, and your wishes are honored.


Inheriting with Power of Attorney in New York requires a nuanced understanding of legal responsibilities and potential challenges. By adhering to fiduciary duty, understanding the estate plan, and seeking legal guidance, agents can navigate this complex process with integrity and compliance.

DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group PLLP.

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