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Can a person with power/attorney participate as executor of a will?
My brother and I are co-executors of my mother's will. My brother has recently become mentally incapable of functioning in this capacity. His wife has power of attorney. Should my mother die today, could by brother's wife legally participate
as co-executor....regardless of the family's wishes?
I'm telling you, it could get ugly...and
she will get an attorney to try to act
as co-executor of her estate....and it is
more than managing/disposing of her
funds, it is seeing that the wishes of her
will are carried out...wishes that my sister in law does not agree with...but my
brother does.
How can I keep my mother out of all of this? She does not know of my concern about this. Is it right for me to be barging in, so to speak, and make suggestions...when it is not even my will in the first place. Is it selfish on my part?
There are two other children in the family and their spouses. Mother wants
everything equally distributed among everybody....and this is where I'm concerned. I don't want anyone squabbling over my mother's things.
None of the children will...but my sister
in law will.
4 Answers
- Anonymous1 decade agoFavorite Answer
I would contact an attorney for legal advice. You don't have to retain him unless you see a problem arising but he can help you to figure all the legal terms and what rights your sister in law will have over your mother as power of attorney for your brother. I would say that she would not have any but I could be wrong.
- dtwladyhawkLv 61 decade ago
I need more input. I just went thru this but my brother and I were on the same page. Unless your brother is found mentally incompetent I see no reason why his wife would step in. She most likely has power of atty for him not your mom. I do not believe she can act as co-executor unless it was specified by your brother. This executor stuff means nothing really, just that you are overseeing all the bills your mom owes and that they are paid. It has nothing to do with a will or, if no will, the blood relatives will inherit. Contact a lawyer if you have the funds, it could save you alot of BS.
- 5 years ago
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- CritterLv 61 decade ago
She can try but POA's aren't as iron clad as people believe them to be. You're right that the court battle over this could turn ugly. Your mom may want to re-write her will with only you as executor. She can always change it back later if your brother's condition improves.
