Skip to main content

Month: January 2026

Can Power Of Attorney Change Life Estate? (Explained)

Ever wonder if a power of attorney gives someone the right to change a life estate? 

It’s a super common question, and a bit of a tricky one. 

Life estates and powers of attorney sound similar since both deal with control and decision-making, but they work in totally different ways.

In this post, we’ll explain if a power of attorney can change a life estate.

Can Power Of Attorney Change Life Estate?

No, power of attorney doesn’t generally give someone the right to change, cancel, or rewrite a life estate. 

Once a life estate deed is created, ownership is divided between two parties: the life tenant (the person who keeps the right to live in or use the property for life) and the remainder owner (the person who automatically gets the property after the life tenant dies).

A POA lets the agent act on behalf of the life tenant, but only within the authority spelled out in the document.

That means they can handle the life tenant’s share (like managing or selling it if the POA allows) but they can’t touch the remainder interest or change who inherits. 

The life estate is locked in once it’s signed and recorded, and the agent can’t rewrite that, even with a full power of attorney.

Also Read: How Much Does It Cost To Reopen An Estate?

Can POA Change Life Estate

What A Power Of Attorney Can Do With A Life Estate

A POA isn’t totally powerless here. The agent can still take action within their authority. 

If the POA includes real estate powers, they can manage the property, handle expenses, or even help sell the life tenant’s share, but only in specific situations and only if the document clearly allows it.

Let’s go over some of these:

Managing Or Maintaining The Property

An agent under a POA can handle everyday things like paying the mortgage, insurance, or utilities for the life estate property. They can also make decisions about repairs, maintenance, or improvements.

Basically, they step in to help the life tenant keep the property in good shape. 

For older homeowners, this can be a big relief since someone else can take care of the practical stuff while they focus on living comfortably.

The agent doesn’t become the “owner,” though. 

They’re just acting in the life tenant’s shoes, managing the property in their best interest.

Collecting Rent Or Paying Taxes

If the life tenant rents out part or all of the property, the agent can step in and collect rent payments. They can also make sure taxes and insurance are paid on time. 

The life tenant might have given the agent authority to handle financial transactions, and this would fall right under that.

Also Read: Do I Need A Will If I Have Beneficiaries? 

This is common when the life tenant isn’t physically able to deal with paperwork anymore. 

The agent’s job here is simple: make sure the property remains financially sound and nothing slips through the cracks.

Selling The Life Tenant’s Share 

The agent can sometimes sell or transfer the life tenant’s interest in the property, but only if the POA document gives them that explicit right. 

Even then, the sale doesn’t include the remainder interest. 

The new buyer would basically take over the life tenant’s rights for their lifetime, and when the life tenant dies, the property still goes to the remainder owner named in the deed.

So, it’s not like the agent can sell the whole property out from under everyone. They can only deal with the part owned by the life tenant. That’s a very limited scope, and any sale like that usually requires legal guidance to make sure it’s valid.

What A Power Of Attorney Can Do With A Life Estate

What A Power Of Attorney Can’t Do

Now that we’ve covered what an agent can do, let’s talk about the boundaries. There are some very clear limits here.

A power of attorney cannot:

  • Change who inherits the property after the life tenant’s death
  • Revoke or cancel the remainder interest
  • Act after the life tenant passes away

Once the life tenant dies, the POA is automatically void. The property ownership passes directly to the remainder owner. The agent no longer has any control, no matter how powerful the POA once was.

Also Read: Does A Power Of Attorney Have To Be Recorded?

Plus, the agent can’t just rewrite the life estate deed or modify ownership on their own. 

That kind of change would require agreement from both the life tenant and the remaining owner, and in most cases, the life tenant has to be mentally competent to approve it.

So, if the life tenant is alive and still capable of making decisions, they can choose to revoke or change their life estate deed (with the remainder owner’s consent). 

But if the life tenant is incapacitated, the POA doesn’t automatically gain the power to alter the estate’s structure.

Why It’s Important To Check The POA Language

This is where people often make mistakes. Every power of attorney is different. Some are very general, while others are extremely specific. The details matter a lot.

If the POA says the agent can “manage real estate,” that might allow them to handle basic maintenance or rent collection. 

But selling, gifting, or transferring property usually needs more explicit wording. 

A vague POA can leave a lot of gray areas, and that’s when legal trouble starts.

A well-drafted POA should clearly state what the agent can and cannot do, especially when real estate is involved. Without that clarity, banks, title companies, and even courts might refuse to honor certain actions.

Another thing to remember: state laws can differ. 

In some states, an agent might be required to record the POA before making any property transactions. In others, certain powers must be specifically initiated or signed off by the principal to be valid. 

It’s always best to review the POA with an attorney before making big moves like trying to sell or transfer property tied to a life estate.

Bottom Line

A power of attorney can’t change or undo a life estate, they can only help manage it. 

The agent can step in to handle the property, pay bills, or collect rent, but they can’t rewrite ownership or change who inherits. 

The life estate stays locked in unless the life tenant (while alive and competent) decides to make changes, and even then, the remainder owner’s consent is required.

Once the life tenant passes away, the POA automatically ends, and the property transfers to the remainder owner exactly as written in the life estate deed.

So, if you’re dealing with a situation like this, the best move is to take a close look at the POA document and talk to an estate attorney before taking action. It’ll save you a lot of headaches, and help make sure everything stays legal and fair for everyone involved.

Do Both Co-Executors Need To Sign? (Solved)

Being named a co-executor sounds simple on paper, but once the estate process actually starts, things can get overwhelming. 

Forms need signatures, banks start asking questions, and suddenly you’re stuck wondering why nothing can move forward without another person involved. 

One of the first questions that usually comes up is who actually has to sign what, and if both co-executors are always required to be involved. 

If you’re feeling confused or slightly annoyed by the back-and-forth, you’re not alone.

In this post, we’ll explain if both co-executors need to sign, and what to expect as things move along.

Do Both Co-Executors Need To Sign?

Yes, both co-executors need to sign in most cases.

When a will names more than one executor, the law usually treats them as a unit. That means big decisions and official actions typically require both people to agree and sign off. 

Courts set it up this way on purpose. 

It helps prevent mistakes, protects the estate, and keeps one person from acting alone in ways that could cause problems later.

From a practical standpoint, banks, title companies, and probate courts almost always assume both co-executors must sign unless there’s very clear proof saying otherwise. Even if the two executors trust each other completely, outside institutions still want everyone on record.

That said, not every single task requires dual signatures. The difference usually comes down to how serious or permanent the action is.

Situations Where Both Co-Executors Must Sign

Also Read: How Much Does It Cost To Reopen An Estate?

Situations Where Both Co-Executors Must Sign

For most major estate actions, both co-executors are expected to be involved. These are the moments where signatures matter and skipping one can slow everything down or stop it entirely.

Here are some common examples where both signatures are usually required:

  • Selling or transferring real estate owned by the estate
  • Opening or closing estate bank accounts
  • Filing probate documents with the court
  • Distributing money or property to beneficiaries

These tasks directly affect the value of the estate or the rights of beneficiaries, so courts want shared accountability. If something goes wrong, both executors are legally responsible. 

That shared responsibility is exactly why the system leans so hard on dual signatures.

It can feel frustrating, especially if one executor is more organized or more available than the other. Still, from the court’s perspective, slowing things down a bit is better than letting one person make irreversible decisions alone.

When One Co-Executor Can Sign Alone

There are situations where one co-executor can act without the other. They’re just less common, and they usually require very clear permission from either the will itself or the court.

Let’s go over these:

#1 The Will Allows It

Some wills include language that lets each co-executor act independently. This is often written as something like 

“Each executor may act alone without the consent of the other.” 

When that wording exists, it changes everything.

With that kind of clause, banks and courts are more willing to accept a single signature. Even then, some institutions still ask for a copy of the will and may double-check before moving forward. They want to protect themselves just as much as the estate.

Also Read: Can A Sole Beneficiary Be An Executor Of A Will?

If you’re not sure, read the executor section of the will very carefully. One sentence can make a huge difference here.

#2 With Court Approval

If one co-executor is unavailable, unresponsive, or causing unreasonable delays, the probate court can step in. 

A judge may give the active executor permission to move forward alone for specific actions.

This usually happens after someone files a formal request explaining the issue. The court doesn’t take this lightly, but it also doesn’t like estates getting stuck in limbo. 

If the delay is harming the estate, court approval becomes more likely.

This route takes time and sometimes money, but it can be the cleanest way to move forward when cooperation breaks down.

#3 Limited Tasks

Some smaller, routine tasks don’t always require both signatures. These might include routine and admin tasks like:

  • Gathering information
  • Paying routine bills
  • Communicating with beneficiaries

The important thing to remember is that these actions don’t permanently change the estate.

Once money moves, property transfers, or legal filings come into play, expect the requirement for both executors to resurface fast.

When One Co-Executor Can Sign Alone

Also Read: Do I Need A Will If I Have Beneficiaries?

What Happens If One Co-Executor Refuses To Sign

This is where things can get uncomfortable. 

When one co-executor flat-out refuses to sign, the entire estate can stall. Bills go unpaid, assets can’t be sold, and beneficiaries start getting frustrated. 

Sometimes that frustration turns into conflict, and that conflict can get expensive.

A refusal to sign doesn’t automatically mean someone is doing something wrong. Sometimes it’s fear, confusion, or disagreement about how something should be handled. Other times, it’s personal tension that has nothing to do with the estate at all.

Still, refusal has consequences. Delays can lead to penalties, lost value, and legal headaches. 

If beneficiaries are harmed by the delay, the executor refusing to cooperate could end up facing court scrutiny. Executors have a duty to act in the estate’s best interest, not their own.

At that point, ignoring the issue usually makes things worse instead of better.

How To Resolve Co-Executor Disputes

Most co-executor problems don’t start in court, and many never need to end up there. 

The goal is to get things moving again without burning bridges or draining the estate.

Often, resolution starts with a calm conversation. Laying out what needs to happen, why it matters, and what the risks are can clear up misunderstandings faster than people expect. 

Written communication helps too, especially when emotions run high.

If that doesn’t work, bringing in a probate attorney or mediator can help refocus things. 

Sometimes hearing the same information from a neutral third party changes everything. It adds clarity and reminds everyone that the role comes with legal duties.

Court involvement is the last step, but it’s there for a reason. Judges can order cooperation, limit an executor’s authority, or even remove someone who refuses to do their job. That sounds extreme, but courts care deeply about protecting estates and beneficiaries.

The important thing is not letting the situation drag on indefinitely. 

Time rarely fixes co-executor disputes on its own.

Bottom Line

In most cases, both co-executors need to sign for major estate actions. 

That’s the default rule, and it’s what banks, courts, and title companies expect. One executor acting alone usually needs clear permission from the will or approval from the court.

If a co-executor refuses to sign, the estate can stall fast, but there are ways to fix it before things spiral. Communication, legal guidance, and court support exist to keep estates moving forward.

If you’re dealing with this right now, take a breath. You’re not stuck forever, and this situation is more common than you think. 

How Much Does It Cost To Reopen An Estate?

Reopening an estate sounds like a big, intimidating legal move, but most of the time it’s pretty straightforward.

It usually happens because something small was missed the first time around. 

A forgotten bank account shows up years later. A check gets mailed in the deceased person’s name. A property sale falls through and needs court approval again. 

Suddenly, the estate that everyone thought was done needs to be reopened, and the first thing people ask is how much this is going to cost.

In this post, we’ll break down how much it costs to reopen an estate.

Average Cost To Reopen An Estate

In most cases, reopening an estate costs somewhere between $300 – $5000. 

A very simple reopening, like distributing a small forgotten asset, can land closer to the low end. More involved cases (ones with disagreements or legal complications) usually land higher.

Generally, many people end up paying $300 to $1,000 total when everything goes smoothly and no one is fighting. When lawyers need to spend more time, costs often rise into the $2,000 to $5,000 range.

Extreme cases can go beyond that, but those are far less common and usually involve disputes or large estates.

The biggest reason costs vary so much is that no two estates are exactly alike.

Also Read: How Much Does Estate Planning Cost?

Let us breakdown the costs:

#1 Attorney Fees And Legal Costs

Attorney fees are where most of the money goes. How much you pay depends on how complicated the reopening is and how your lawyer charges.

Average Cost To Reopen An Estate

Some attorneys offer flat fees for simple reopenings. 

These often range from $500 to $1,500 and work well when the task is limited and clearly defined. If all you need is court permission to distribute a newly discovered asset, a flat fee keeps things predictable.

Other lawyers charge hourly, which is more common when the situation has moving parts. 

Hourly rates often fall between $200 and $400 per hour. If the lawyer only needs a few hours, the bill stays reasonable. If the case drags on, costs grow quickly.

Legal costs tend to increase when:

  • Heirs disagree or challenge how assets are handled
  • Creditors suddenly appear with claims
  • Paperwork from the original estate is missing or incomplete
  • The estate involves property, businesses, or tax issues

Simple cases move fast. Complicated ones take time, and time is what drives legal bills.

Also Read: How Much Does A Probate Attorney Cost

#2 Court Filing Fees

Every estate reopening starts with paperwork filed in probate court, and courts charge fees for that. These fees are usually the smallest part of the total cost, but they’re unavoidable.

Most courts charge $50 to $400 to reopen an estate. 

Some states are on the lower end, while others stack on additional administrative charges. 

If the court requires updated documents, certified copies, or additional filings, those can add a bit more, though they’re rarely deal-breakers.

Court fees tend to be predictable. You’ll usually know them upfront, and they don’t change based on how much work the lawyer does. 

Compared to legal fees, they’re fairly minor, but they still need to be paid before anything moves forward.

#3 Other Possible Expenses

Beyond court and attorney fees, there are sometimes extra costs tied to reopening an estate. Not every estate has these, but it helps to know they exist so nothing catches you off guard.

You might see expenses like:

  • Certified copies of court documents
  • Publication or notice fees required by the court
  • Appraisals for property, jewelry, or collectibles
  • Accounting or tax preparation if new assets trigger filings

These costs vary widely. Some estates won’t have any of them. Others might need several, especially if the reopened estate includes real estate or valuable personal property that needs updated valuations.

Factors That Affect Total Cost To Reopen An Estate

Also Read: How Much Does It Cost For A Living Trust?

Who Pays The Cost To Reopen An Estate?

This is a question people worry about, and the answer is often a relief. 

In many cases, the estate itself pays the cost of reopening. That includes court fees, attorney fees, and other approved expenses, as long as there are funds or assets available.

If the estate still has money, the costs are usually paid before assets are distributed to heirs. 

That means beneficiaries typically share the cost indirectly, rather than one person footing the bill alone.

If the estate has no remaining assets, the person asking the court to reopen it may need to pay upfront. Sometimes those costs can be reimbursed later if new assets are recovered, but that depends on the situation and court approval.

This is one reason it’s smart to weigh the cost against what you expect to recover. 

Spending thousands of dollars to reopen an estate for a very small asset usually doesn’t make financial sense.

What Factors Affect The Total Cost To Reopen An Estate?

Several factors push the final number up or down, and most of them are outside your control.

The reason for reopening is the biggest one. 

Handling a forgotten bank account is quick and relatively inexpensive. Resolving disputes or correcting mistakes from the original probate takes more work and more money..

The size and complexity of the estate plays a role too. 

Larger estates often involve more paperwork, more review, and sometimes more scrutiny from the court.

State law and local court rules also matter. Some states make reopening an estate very easy. Others require more steps, more notices, and more filings, all of which increase costs

Finally, how organized the original estate was can make a big difference. When documents are easy to find and everything is clearly documented, lawyers spend less time digging. Less time usually means lower fees.

Bottom Line

It costs around $300 – $5000 to reopen an estate with court fees staying modest and legal costs driving most of the total.

The smartest move is understanding why the estate needs to be reopened and what assets are involved. That clarity helps set realistic expectations and prevents spending more than the estate is worth.

If the situation is straightforward, reopening an estate can be quick, manageable, and worth it. When things get complicated, costs rise.

FAQs

Do You Need A Lawyer To Reopen An Estate?

Not always. A lawyer is not strictly required when the reopening is simple, like handling a small forgotten asset and there are no disputes. 

That said, many people still choose to use a lawyer because probate courts have specific rules, and even small mistakes can slow things down.

How Long Does It Take To Reopen An Estate?

Most reopened estates take a few weeks to a few months to resolve. Simple cases can move quickly, sometimes within 2 to 4 weeks, especially if the court’s schedule is light and the paperwork is complete.