![]() |
|
| *Home>>>Estates Law |
My mom appointed me executor of her estate does this become effective after she passes on ? |
My mom is currently very sick from a massive stroke. Her brother has power of attorney for all her medical decisions.My mom is not expected to recover or survive and I wish to make all the arrangements she indicated in her will. Since her brother has power of attorney will that switch over to me ( executor of her estate ) once mom passes on. I cannot do as she ask as they say I am not the power of attorney while she is alive,how does this work after she passes on ? My mother's will appoints me she spelled it out what she wanted and who see wanted to fill that role which is me. - she could change the will anytime-She is brain dead -massive stroke and on life support I doubt she will change anything in that condition After she passes away, it will be your responsibility to distribute her assets as she has requested. If you are the executor of a person's Last Will, you can not act in that capacity until the person is deceased and until you have been appointed to take that fiduciary responsibility by the probate (or similar) court. A health care proxy ends with a person's death. A financial power of attorney ends with a person's death and can not be transferred. Until you receive the official probate court appointment, you can not act on behalf of your mother's estate or manage, give away, take, transfer, dispose of or sell her property. You can, however, make arrangements as her daughter regarding her wishes that do not have to do with money or property from her estate. Upon death, the duties of the executor begin. At this time, the power of attorney ceases to be effective. Actually, you are not the executor. You are nominated as the executor. Once she passes on, and the will is submitted for probate, the probate court judge will appoint an executor. It will probably be you, unless you are wholly unsuited for the task. That will give you certain powers over her estate. Until she passes on, however, you have no role. In fact, she could change the will anytime. YOu can make no arrangements with the willl. Period. You execute the terms of it upon her demise. His POA is out of effect upon her death |
| Tags |
| Insurance Law Immigration Law Health Care Law General Civil Litigation Family Law Estates Law Environmental Law Entertainment Law Employment Law Elder Law Education Law |
| Related information |
First of all let me say I am very sorry to hear of your loss.I think the promissory note is only for the original intended and not a second party (you) but you might ask an attorney and there is fr... Julie-this is hard to answer without knowing where you live. In my state, you can open and close a probate in a day. We have the Uniform Probate Code. You do not need a POA to open the probate. ... Executors perform the wishes of the deceased by their requests in the will. It all depends on how well you four get along. Be very open and express your feelings and reasons why to your siblings. I... as executors you have to distribute what is written in the will to the word. one person cannot do it, all who are named as executors do it together. may be best to do it all through a solicitor. ma... She can't keep it, but that doesn't prevent her from hiding it from you. Why does she have a POA? You might need a CPA to look at the records if you think it is warranted. Edit. I j... The law in Ontario, at least, is thus: Unless an executor needs to apply for a "Certificate of Appointment of Estate Trustee" (which isn't necessary in the ordinary course), he... you should ask her to take care of it which she should have done in the first place or tell her that you will remove them in 1 week if she cant prove that she is the owner of that land. ...I'm truly sorry about your loss. Something is very wrong here. You should contact the state bar association and tell them what this lawyer has done. You should talk to a lawyer from another... |
Categories--Copyright/IP Policy--Contact Webmaster |